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WELCH v. EAST BATON ROUGE PARISH

No. 2010 CA 1532.

64 So.3d 249 (2011)

Bob WELCH & Daniel Hoover v. EAST BATON ROUGE PARISH METROPOLITAN COUNCIL.

Court of Appeal of Louisiana, First Circuit.

March 25, 2011.

Attorney(s) appearing for the Case

Alexis A. St. Amant II , Robert L. Roland , Baton Rouge, LA, Plaintiffs-Appellants Bob Welch & Daniel Hoover.

Lea Anne Batson , Baton Rouge, LA, for Defendant-Appellee East Baton Rouge Parish Metropolitan Council.

Juston M. O'Brien , Brook L. Thibodeaux , Baton Rouge, LA, for Intervenor-Appellee 2590 Associates, LLC.

Charles W. Belsom, Jr. , Assistant Attorney General, Baton Rouge, LA, for Defendant-Appellee State of La. Through Attorney General James D. Caldwell.

Before KUHN, PETTIGREW, and HIGGINBOTHAM, JJ.

PETTIGREW, J.

Plaintiffs challenge the trial court's judgment granting summary judgment in favor of intervenor and dismissing their suit with prejudice. For the reasons that follow, we reverse and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

At the time of her death on October 24, 2003, Mary Bordelon Ford owned approximately 124 acres at the corner of Perkins Road and Glasgow Avenue in Baton Rouge, Louisiana. All of the land was zoned...

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