Donohoe v. State ex rel. Department of Highways

Supreme Court of Louisiana March 23, 1979

Donohoe v. State ex rel. Department of Highways, 369 So. 2d 152 (La. 1979)

1979 La. LEXIS 5664

Dixon, Grant, Summers, Tate, Writ

Concurring Opinion

DIXON, J.,

concurs in the denial because the result would have been the same if defendant had reconvened and expropriated the servitude involved.

Opinion of the Court

In re Henry T. Donohoe, et ux., applying for writ of certiorari, Third Circuit Court of Appeal. Parish of Rapides. Court of Appeal No. 6652. 366 So.2d 598.

Writ denied.

SUMMERS, C. J., would grant the writ.

Dissenting Opinion

TATE, J.,

would grant the writ. The governmental authorities are not entitled to appropriate an owner’s land without a writing or an expropriation proceeding. The land owner is entitled to an injunction to remove the illegal trespass on his land.

Reference

Full Case Name: Henry T. DONOHOE, et ux. v. STATE of Louisiana through DEPARTMENT OF HIGHWAYS, City of Pineville
Status: Published