Opinion

Berard v. St. Martin Parish Government

13 La.App. 3 Cir. 114
115 So. 3d 761
2013 La. App. LEXIS 1128
2013 WL 2420809

Court: Louisiana Court of Appeal
Filed: Jun 5, 2013
Status: Published
Author: Pickett
On the bench: Conery, Pickett, Thibodeaux
Cited by: 1 cases

The opinion

PICKETT, J.,

concurs in the result and assigns written reasons.

|J concur in the result reached by the majority. I respectfully disagree that La. R.S. 38:113, as interpreted by Dugas, is the governing law in this case. There was no levee or drainage district created by St. Martin Parish, so I do not believe the (quite extensive) one hundred foot servitude for drainage projects exists here. I would find that La.R.S. 33:1236(13) applies in this case.

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