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BARKER v. DEPARTMENT OF TRANSP. AND DEV.

No. 2008 CA 1084.

4 So.3d 869 (2008)

Rosie Mae Forbes BARKER v. DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT FOR the STATE of Louisiana, and the State of Louisiana.

Court of Appeal of Louisiana, First Circuit.

December 23, 2008.

Attorney(s) appearing for the Case

John Chandler Loupe, Baton Rouge, LA, for Plaintiff/Appellant, Rosie Mae Forbes Barker.

Charles D. McBride, Baton Rouge, LA, for Defendant/Appellee, State of Louisiana, through the Department of Transportation and Development.

Before KUHN, GUIDRY, and GAIDRY, JJ.

GUIDRY, J.

A year after selling land in Livingston Parish to the State of Louisiana through the Department of Transportation and Development (DOTD), the appellant, Rosie Mae Forbes Barker, filed a petition for damages seeking to rescind the sale on the grounds of lesion beyond moiety. In response, the DOTD filed a peremptory exception objecting to Ms. Barker's petition on the basis of res judicata. The trial court sustained the peremptory exception and dismissed Ms...

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