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BARABAY PROP. HOLD. CORP. v. BOH BROS. CONST. CO., L.L.C.

No. 2007 CA 2005.

991 So.2d 74 (2008)

BARABAY PROPERTY HOLDING CORPORATION v. BOH BROTHERS CONSTRUCTION CO., L.L.C. d/b/a Boh Brothers Construction.

Court of Appeal of Louisiana, First Circuit.

May 2, 2008.

Attorney(s) appearing for the Case

Michael D. Ferachi, Kyle A. Ferachi, Baton Rouge, LA, for Plaintiff/Appellee Barabay Property Holding Corporation.

Martin A. Stern, William D. Shea, Lauren J. Delery, Baton Rouge, LA, for Defendant/Appellant Boh Brothers Construction Co., L.L.C., d/b/a Boh Brothers Construction.

Before GAIDRY, McDONALD, and McCLENDON, JJ.

GAIDRY, J.

A contractor appeals a judgment against it for damages arising from its removal and disposal of excavated soil from a landowner's property during the course of a public construction project. For the following reasons, we affirm the judgment.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

The plaintiff, Barabay Property Holding Corporation (Barabay), owns approximately 4,000 acres of land in Jefferson Parish. The property was subject to a personal...

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