Rapides Parish Police Jury v. Richard E. Lee

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 10-1249 consolidated with 10-1247, 10-1248

RAPIDES PARISH POLICE JURY VERSUS RICHARD E. LEE & BETTY LOU KRIST DENT

********** APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO. 236,506 C/W 236,507 C/W 236,508 HONORABLE GEORGE C. METOYER , JR., DISTRICT JUDGE ********** ELIZABETH A. PICKETT JUDGE ********** Court composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R. Cooks, and Elizabeth A. Pickett, Judges.

REVERSED AND REMANDED.

Thomas O. Wells 1254 Dorchester Drive Alexandria, LA 71303 (318) 445-4500 Counsel for Plaintiff/Appellant: Rapides Parish Police Jury Joseph J. Bailey Jeremy C. Cedars Provosty, Sadler, deLaunay, Fiorenza and Sobel P. O. Drawer 1791 Alexandria, LA 71309-1791 (318) 445-3631 Counsel for Plaintiff/Appellant: Rapides Parish Police Jury

Richard E. Lee Main St. Pineville, LA 71360 (318) 448-1391 Counsel for Defendants/Appellees: Thomas Reich, Catahoula Boys Hunting & Social Club, Inc., Richard E. Lee and Betty Lou Drist Dent PICKETT, Judge.

For the reasons assigned in the companion and consolidated case, Rapides Parish Police Jury v. Reich, 10-1247 (La.App. 3 Cir. / / ), So.3d , the judgment of the trial court granting the defendants’ exceptions of res judicata are reversed, and this matter is remanded to the trial court for further proceedings.

REVERSED AND REMANDED.

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 10-1247 consolidated with 10-1248, 10-1249

RAPIDES PARISH POLICE JURY VERSUS THOMAS REICH

THIBODEAUX, Chief Judge, concurring.

While I question the intent of the Police Jury in promulgating the two ordinances to establish a public landing and to expropriate the property in question, I reluctantly concur in the result. The differences in the present factual circumstances are such that the cause of action does not arise “out of the transaction or occurrence that was the subject matter of the first litigation.” Burguieres v. Pollingue, 02-1385, p. 8 (La. 2/25/03), 843 So.2d 1049, 1053.