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WOODLAND PROPERTIES v. NEW ORLEANS SEWERAGE

No. 2010-CA-0331.

49 So.3d 443 (2010)

WOODLAND PROPERTIES, L.L.C. v. NEW ORLEANS SEWERAGE AND WATER BOARD.

Court of Appeal of Louisiana, Fourth Circuit.

September 29, 2010.

Attorney(s) appearing for the Case

John H. Musser V , Donald R. Wing , Murphy Rogers Sloss & Gambel, New Orleans, Louisiana, for Plaintiff/Appellant.

Gerard M. Victor , Special Counsel, Sewerage & Water Board of New Orleans, New Orleans, Louisiana, for Defendant/Appellee.

(Court composed of Judge JAMES F. McKAY III, Judge MAX N. TOBIAS, JR., Judge DAVID S. GORBATY).

JAMES F. McKAY III, Judge.

In this action on a petition for possessory action, the trial court granted a summary judgment in favor of the defendant, Sewerage and Water Board of New Orleans, and against the plaintiff, Woodland Properties, L.L.C. We reverse and remand.

FACTS AND PROCEDURAL HISTORY

On August 31, 1942, Ernest B. Norman transferred to the State of Louisiana and the Department of Highways a "right...

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