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STATE, DEPT. OF TRANS. & DEV. v. MONTELEONE

No. 07-CA-459.

976 So.2d 798 (2008)

STATE of Louisiana, DEPARTMENT OF TRANSPORTATION & DEVELOPMENT v. William A. MONTELEONE, et al.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied March 3, 2008.

Attorney(s) appearing for the Case

Gregory G. D'Angelo, Wm. David Coffey, Attorneys at Law, Metairie, Louisiana, for Plaintiff/Appellee.

Randall A. Smith, L. Tiffany Davis and James J. Coleman, Sr., Attorneys at Law, New Orleans, Louisiana, for Defendant/Appellant.

Panel composed of Judges MARION F. EDWARDS, WALTER J. ROTHSCHILD, and GREG G. GUIDRY.

GREG G. GUIDRY, Judge.

The landowners of 153 acres of wetlands1 appeal a judgment in a suit for damages following the expropriation of the property by the State of Louisiana, Department of Transportation and Development (DOTD). We vacate the judgment and remand for a new trial.

The DOTD expropriated the land in 1987 for the construction of the 1-310 interchange.2 DOTD deposited $45,386 in the Court...

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