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BOARD OF COM'RS v. DEPT. OF NATURAL RES.

No. 2011 CA 0262.

78 So.3d 750 (2011)

BOARD OF COMMISSIONERS OF the SOUTHEAST LOUISIANA FLOOD PROTECTION AUTHORITY-EAST, on behalf of and the ORLEANS LEVEE DISTRICT v. LOUISIANA DEPARTMENT OF NATURAL RESOURCES.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied January 11, 2012.

Attorney(s) appearing for the Case

Sara E. Mouledoux , C. Peck Hayne Jr. , New Orleans, LA, for Plaintiffs-Appellants, Board of Commissioners of the Southeast Louisiana Flood Protection Authority-East on behalf of and the Orleans Levee District.

Thomas E. Balhoff , Baton Rouge, LA, for Defendant-Appellee, Louisiana Department of Natural Resources.

Stephen O. Scandurro , Timothy D. Scandurro , New Orleans, LA, Mary Olive Pierson , Baton Rouge, LA, for Intervenor, Eileen M. Bordelon, Administratrix of the Succession of Helen Katz, Wife of/and Sam Mermelstein.

Before CARTER, C.J., PARRO and HIGGINBOTHAM, JJ.

HIGGINBOTHAM, J.

The Board of Commissioners of the Southeast Louisiana Flood Protection Authority-East, on behalf of and the Orleans Levee District (OLD), filed a petition for judicial review of a certification by the Department of Natural Resources (DNR) concerning the return of land in Plaquemines Parish to the Succession of Helen Katz, Wife of/and Sam Mermelstein. The district court affirmed the decision of the DNR, and from that judgment the OLD appeals. For the...

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