Faustina Pipe Line Co. v. Hebert

Supreme Court of Louisiana September 20, 1985

Faustina Pipe Line Co. v. Hebert, 474 So. 2d 1295 (La. 1985)

Blanche, Dennis, Grant, Writ

Dissenting Opinion

BLANCHE, J.,

would grant the writ on the issue of severance damages. The mere existence of a pipeline absent any eviden-tiary support of damage will not support an award for severance damages. Furthermore, encasement costs of a pipeline under unplanned streets in an imaginary subdivision is speculative.

Opinion of the Court

In re Faustina Pipe Line Co.; Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Third Circuit, Number 84-459; Parish of Lafayette 15th Judicial District Court Div. “H” Number 83-0760.

Prior report: 469 So.2d 483.

Denied.

DENNIS, J., would grant the writ.

Reference

Full Case Name: FAUSTINA PIPE LINE COMPANY v. John Austin HEBERT, Annabelle Hebert Sonnier FAUSTINA PIPE LINE COMPANY v. Percy HEBERT
Status: Published