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BIGLANE v. BOARD OF COMMISSIONERS

18-100 18-101.

256 So.3d 1052 (2018)

James M. BIGLANE and Charlotte Biglane Nobile v. BOARD OF COMMISSIONERS, FIFTH LOUISIANA LEVEE DISTRICT, et al.

Court of Appeal of Louisiana, Third Circuit.

September 26, 2018.

Attorney(s) appearing for the Case

Randall Alan Smith , Tiffany Hawkins Davis , Mary Nell Bennett , Smith & Fawer, 201 St. Charles Ave., Suite 3702, New Orleans, LA 70170, (504) 525-2200, COUNSEL FOR PLAINTIFFS/APPELLEES: James M. Biglane, Charlotte Biglane Nobile.

Patrick Bayard McIntire , Oats & Marino, 100 East Vermilion Street, Suite 400, Lafayette, LA 70501, (337) 233-1100, COUNSEL FOR DEFENDANT/APPELLANT: Board of Commissioners for the Fifth Louisiana Levee District.

Madaline Cross Gibbs , Seventh Judicial District Court Assistant District Attorney, P.O. Box 600, Harrisonburg, LA 71340, (318) 336-5526, COUNSEL FOR DEFENDANT/APPELLANT: Board of Commissioners for the Fifth Louisiana Levee District.

John D. Crigler, Jr. , Bishop Paxton Crigler & Moberley, P.O. Box 97, St. Joseph, LA 71366, (318) 766-4892, COUNSEL FOR DEFENDANT/APPELLANT: Board of Commissioners for the Fifth Louisiana Levee District.

Court composed of Billy Howard Ezell, Shannon J. Gremillion, and D. Kent Savoie, Judges.

These consolidated appeals concern the taking of land by the Fifth Louisiana Levee District Board of Commissioners (FLD) for a project to raise and strengthen the levee in Concordia Parish lying between Louisiana Highway 131 and the Mississippi River. At issue is whether the property used for the project was uncompensable batture pursuant...

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