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BORGNEMOUTH REALTY v. PARISH OF ST. BERNARD

No. 2013-CA-1651.

141 So.3d 891 (2014)

BORGNEMOUTH REALTY COMPANY, LTD. v. PARISH OF ST. BERNARD, Lake Borgne Levee District, and St. Paul Fire and Marine Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

May 21, 2014.

Attorney(s) appearing for the Case

Robert E. Couhig, Jr. , Gary J. Rouse , Jason A. Cavignac , Couhig Partners, LLC, New Orleans, LA, for Plaintiff/Appellee.

William M. McGoey , Attorneys at Law, Chalmette, LA, Thomas P. Anzelmo, Sr. , Hilliard F. Kelly, III , Lou Anne Milliman , McCranie Sistrunk Anzelmo Hardy McDaniel & Welch, LLC, New Orleans, LA, for Defendant/Appellant.

Court composed of Chief Judge JAMES F. McKAY, III, Judge PAUL A. BONIN, Judge ROSEMARY LEDET.

PAUL A. BONIN, Judge.

Borgnemouth Realty Company, Ltd., is the owner of immovable property situated in St. Bernard Parish. As a result of storm damage caused to the levee adjoining the Mississippi River Gulf Outlet, the parish president by executive order commandeered the use of private property, including Borgnemouth's, to obtain borrow material and to gain access for the repair and rehabilitation of the levees in the parish. Importantly, the executive order specified...

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