IN RE: Transportation & Dev., Dept, of; — Plaintiffs); Applying for Supervisory *1077and/or Remedial Writs; Parish of St. Charles 29th Judicial District Court Div. “E” Number 35,123; to the Court of Appeal, Fifth Circuit, Number 98-CW-1153

Granted. The trial court initially applied the law correctly and found no basis to recuse Judge Tobias. The granting of a new trial on the motion to recuse was error and is reversed. The case is remanded to the trial court for further proceedings before Judge Tobias.