State of Louisiana, Coastal Protection and Restoration Authority Versus Angelique Levet Aycock, Claude A. Levet, Dssl Properties, LLC, Emile Levet Blank, Jacque P. Levet, Joanna Levet Petrie, Lawrence P. Levet, Lester J. Millet, Jr, Suzanne Levet Ulmer, Winnie Lodrigues, Jr., and Yvette Levet Dornier ( 2023 )
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- STATE OF LOUISIANA, COASTAL NO. 23-C-517 PROTECTION AND RESTORATION AUTHORITY FIFTH CIRCUIT VERSUS COURT OF APPEAL HON. VERCELL FIFFIE STATE OF LOUISIANA November 08, 2023 Linda Wiseman First Deputy Clerk IN RE STATE OF LOUISIANA, COASTAL PROTECTION & RESTORATION AUTHORITY APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT, PARISH OF ST JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE VERCELL FIFFIE, DIVISION "A", NUMBER 80,827 Panel composed of Judges Marc E. Johnson, Robert A. Chaisson, and John J. Molaison, Jr. WRIT GRANTED FOR LIMITED PURPOSE In this expropriation case filed on September 12, 2023, the Coastal Protection and Restoration Authority (CPRA) seeks to expropriate various properties in St. John the Baptist Parish for the purpose of construction of the Maurepas Swamp Project. In its current Petition for Writ of Mandamus now filed with our Court, in which it requests expedited consideration, CPRA alleges that despite the mandatory requirements of La. R.S. 19:144, and despite the fact that it filed, on October 26, 2023, an additional Motion for Execution of Order of Expropriation with request for expedited consideration, the trial court has failed to issue an Order of Expropriation, which is causing a delay of the entire Maurepas Swamp Project. Accordingly, in light of the mandatory language contained in La. R.S. 19:144, we grant this writ application for the limited purpose of ordering the trial court, by 4:00 p.m. on November 9, 2023, to take action on CPRA’s Petition for Expropriation by either issuing the Order of Expropriation as presented by CPRA, or, if it finds deficiencies in the petition or other valid grounds for denial of the Order of Expropriation, to provide written reasons that concisely state the grounds for the denial. We further order the trial court to immediately provide a copy of its ruling, and its written reasons for its ruling should there be any, to CPRA and to this Court. Gretna, Louisiana, this 8th day of November, 2023. MEJ RAC JJM SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON LINDA M. WISEMAN STEPHEN J. WINDHORST FIRST DEPUTY CLERK JOHN J. MOLAISON, JR. SCOTT U. SCHLEGEL FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 11/08/2023 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW: 23-C-517 E-NOTIFIED 40th District Court (Clerk) Honorable Vercell Fiffie (DISTRICT JUDGE) Vercell Fiffie (Respondent) James L. Bradford, III (Relator) D. Stephen Brouillette, Jr. (Relator) MAILED David A. Peterson (Relator) Eliana Defrancesch (Respondent) Goldie Rainey (Respondent) J. Ryan Vivian (Relator) Clerk of Court Legal Secretary Attorney at Law 40th Judicial District Court 40th Judicial District Court, Division A 150 Terrace Avenue 2393 Highway 18, Suite 100 2393 Highway 18, Suite 100 Baton Rouge, LA 70802 Edgard, LA 70049 Edgard, LA 70049
Document Info
Docket Number: 23-C-517
Judges: Vercell Fiffie
Filed Date: 11/8/2023
Precedential Status: Precedential
Modified Date: 10/21/2024