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URSIN v. BOARD OF LEVEE COM'RS OF ORLEANS

No. 2011-CA-1105.

104 So.3d 534 (2012)

Succession of Carter URSIN and Charles Ursin (Eusan) and the Heirs of Joseph C. Eusan, through Warren H. EUSAN, Michelle Eusan, Ahmed Collins v. BOARD OF LEVEE COMMISSIONERS OF the ORLEANS LEVEE DISTRICT OF the STATE of Louisiana.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied October 10, 2012.

Attorney(s) appearing for the Case

Stephen O. Scandurro , Timothy D. Scandurro , Scandurro & Layrisson, L.L.C., New Orleans, LA, for Plaintiffs/Appellees, the Eusans.

C. Peck Hayne, Jr. , Scott A. O'Connor , Sara E. Mouledoux , Michael E. Botnick , Gordon, Arata, McCollam, Duplantis & Eagan, LLC, New Orleans, LA, for Defendant/Appellant, the Orleans Levee District.

(Court composed of Judge JAMES F. McKAY III, Judge TERRI F. LOVE, Judge ROLAND L. BELSOME).

TERRI F. LOVE, Judge.

This appeal arises from a dispute regarding the ramifications of the Return of Lands Act, which applied to tracts of land once utilized for the Bohemia Spillway. The Orleans Levee District returned tract 78 to the plaintiffs. However, the plaintiffs sought the earnings and interest earned from tract 78. The trial court found for the plaintiffs and awarded revenues, interest on the revenues, statutory...

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