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PEARL RIVER BASIN v. GOVERNOR'S OFFICE

No. 2009 CA 0084.

29 So.3d 589 (2009)

PEARL RIVER BASIN LAND AND DEVELOPMENT COMPANY, L.L.C. v. STATE of Louisiana through The GOVERNOR'S OFFICE OF HOMELAND SECURITY AND EMERGENCY PREPAREDNESS, Parish of Washington, IED, Inc., IED, LLC, and Shaw Environmental.

Court of Appeal of Louisiana, First Circuit.

October 27, 2009.

Attorney(s) appearing for the Case

Ronnie G. Penton, Gair M. Oldenburg, Slidell, LA, for Plaintiff/Appellant, Pearl River Basin Land & Development.

Henry G. Provosty, Eric R.G. Belin, Lena D. Giangrosso, New Orleans, LA, for Defendant/Appellee, State of Louisiana, Governor's Office of Homeland Security & Emergency Preparedness.

Sondra A. Check, New Orleans, LA, for Defendant/Appellee, Washington Parish Government.

Amos H. Davis, Baton Rouge, LA, for Defendant/Appellee, IED, Inc.

M. David Kurtz, Brian M. Ballay, New Orleans, LA, Sandra S. Varnado, Mandeville, LA, for Defendant/Appellee, Shaw Environmental, Inc.

Before DOWNING, GAIDRY and McCLENDON, JJ.

McCLENDON, J.

Plaintiff seeks review of a district court judgment granting an exception of no cause of action that dismissed Washington Parish from plaintiff's suit. For the following reasons, we affirm.

FACTUAL AND PROCEDURAL HISTORY

On September 12, 2005, Washington Parish (the Parish) issued a declaration of emergency following Hurricane Katrina. Because of the nature of the disaster, the Parish was in immediate need of debris dump sites. The...

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