Louisiana Court of Appeal, 1988

State, Department of Transportation & Development v. Foshee

State, Department of Transportation & Development v. Foshee
Louisiana Court of Appeal · Decided November 9, 1988 · Guidry, King, Stoker
533 So. 2d 1288; 1988 La. App. LEXIS 2364; 1988 WL 118803 (Southern Reporter, Second Series)

State, Department of Transportation & Development v. Foshee

Opinion of the Court

STOKER, Judge.

For the reasons assigned in the companion case of State, Department of Transportation and Development v. Lane Fosh-ee, 533 So.2d 1283, (La.App.3d Cir. 1988), the judgment of the trial court is reversed insofar as it awards damages to plaintiff, Paul Foshee, for timber and wildlife management problems. Accordingly, the judgment of the trial court is amended to award to Paul Foshee a total just compensation of $365,228.52, less a credit for the amount deposited by the State in the registry of the court. The award of 25% attorney’s fees is accordingly reduced. The costs of this appeal are assessed to defendant-appellee.

AMENDED IN PART, AFFIRMED IN PART.

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