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YATES v. ELMER

Nos. 06-CA-267, 06-CA-74 C/W, 06-CA-75.

948 So.2d 1092 (2006)

Gary YATES, Judith Yates, Dudley Meche, Lora K. Callaway, Kay Callaway, Evelyn S. Cain, Eugene Arceneaux, Lillian Hebert, Jimmie J. Hebert, A. Wayne Cain, Evelynere Cain, Audrey Rivero, Herbert P. Rivero, Jr., Mark Gauthier, Pamela Casse, Virginia Bryant, Barbara Bryant, Mary Cancienne, Charles K. Hickman, Wilson Cancienne, Jr., Gail V. Arceneaux, Gary G. Bush, Kerry S. Gaspard, Margaret W. Vincent, Ethel McAllister, Felicia Creppel, Jorey Rivero and Herbert P. Rivero, III v. Charles ELMER, Individually and d/b/a Sportsman's Trailer Park and ABC Insurance Company.

Court of Appeal of Louisiana, Fifth Circuit.

November 28, 2006.

Attorney(s) appearing for the Case

Kenneth E. Pickering, Attorney at Law, New Orleans, LA, for Defendant/Appellee.

Joseph N. Mole, Ellen S. Kovach, Ann Marie LeBlanc, Attorneys at Law, New Orleans, LA, for Plaintiff/Appellant.

Randall L. Kleinman, Attorney at Law, New Orleans, LA, for Defendant/Appellant.

Panel composed of Judges SUSAN M. CHEHARDY, WALTER J. ROTHSCHILD, and GREG G. GUIDRY.

GREG G. GUIDRY, Judge.

The Plaintiff, Charles Elmer and his insurer, Third-Party Plaintiff, Essex Insurance Company (Essex), appeal a judgment in favor of West Jefferson Levee District (WJLD) dismissing Elmer's actions for damages due to inverse condemnation and/or damages due to the construction of public works. We affirm in part and amend the judgment as to costs.

Elmer is the owner of 101.3 acres of wetlands...

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