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PLAQUEMINES PARISH GOV. v. DEPT., NAT. RES.

No. 2008 CA 2094.

23 So.3d 357 (2009)

PLAQUEMINES PARISH GOVERNMENT v. DEPARTMENT OF NATURAL RESOURCES, State of Louisiana.

Court of Appeal of Louisiana, First Circuit.

September 10, 2009.

Attorney(s) appearing for the Case

L.V. Cooley, IV, Special Assistant Parish Attorney, Belle Chasse, LA, for Plaintiff-Appellant Plaquemines Parish Government.

Thomas E. Balhoff, Judith R. Atkinson, Roedel, Parsons, Koch, Blache, Balhoff & McCollister, Baton Rouge, LA, for Defendant-Appellee Department of Natural Resources, State of Louisiana.

Scott A. O'Connor, C. Peck Hayne, Jr., Sara E. Mouledoux, Gordon, Arata, McCollam, Duplantis & Eagan, L.L.P., New Orleans, LA, for Intervenors-Appellees Board of Commissioners of the Southeast Louisiana Flood Protection Authority-East on behalf of/and the Orleans Levee District.

Before: PARRO, McCLENDON, and WELCH, JJ.

PARRO, J.

The Plaquemines Parish Government, on behalf of and as the governing authority of the Grand Prairie Levee District (GPLD), filed a petition for judicial review of a final decision by the Department of Natural Resources (DNR) concerning the return of public lands in the area of the Bohemia Spillway in Plaquemines Parish to the GPLD, a prior owner. The district court sustained DNR's peremptory exception raising the objection of no cause of action, and from...

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