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BOUDREAUX v. PLAQ. PAR. GOVT. EX REL. PRES.

No. 2009-CA-0396.

22 So.3d 1117 (2009)

Diane BOUDREAUX, Wife of/and Richard Barney, Individually, and the Community of Acquets & Gains Existing Between Diane Boudreaux, Wife of/and Richard Barney v. PLAQUEMINES PARISH GOVERNMENT Through its PRESIDENT; Louisiana Department of Highways and/or Louisiana Department of Transportation & Development; BOH Brothers Construction Company, Inc., Through its President; and Linfield, Hunter & Junius, Inc., Consulting Engineers.

Court of Appeal of Louisiana, Fourth Circuit.

September 30, 2009.

Attorney(s) appearing for the Case

Joseph Neves Marcal, III, New Orleans, LA, Counsel for Plaintiff/Appellee Diane Boudreaux, Wife of/and Richard Barney.

H.F. Foster, III, John W. Waters, Jr., Bienvenu, Foster, Ryan & O'Bannon, LLC, New Orleans, LA, Counsel for Defendant/Appellant.

(Court composed of Judge DENNIS R. BAGNERIS, SR., Judge MICHAEL E. KIRBY, and Judge DAVID S. GORBATY).

DENNIS R. BAGNERIS, SR., Judge.

Defendant, Boh Brothers Construction, Inc., appeals a judgment of the trial court that found it committed civil trespass on Plaintiffs', Richard and Diane Barneys' (hereinafter "the Plaintiffs"), property. For the following reasons, we hereby affirm.

FACTS

In March of 2000, the Plaintiffs granted a right-of-way easement for a utility project to Plaquemines Parish (hereinafter "the Parish"). The Parish hired the engineering...

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