FOSTER CONST., INC. v. TOWN OF RICHWOOD

No. 48,171-CA.

117 So.3d 607 (2013)

FOSTER CONSTRUCTION, INC., Plaintiff-Appellant v. TOWN OF RICHWOOD, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied August 1, 2013.


Attorney(s) appearing for the Case

Thomas O. Wells , Alexandria, LA, for Appellant.

Jay Nolen , Monroe, LA, for Appellee.

Before STEWART, CARAWAY and PITMAN, JJ.


STEWART, J.

At issue is whether the plaintiff, Foster Construction, Inc. ("Foster"), is entitled to a writ of mandamus as authorized by La. R.S. 38:2191(D) to compel the Town of Richwood ("Richwood") to pay the final balance due on a contract for the construction of a multipurpose building. Because the record does not show any appropriation by Richwood for the award or execution of the contract, we affirm the trial court's judgment denying Foster's rule for mandamus...

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