# Berard v. St. Martin Parish Government

> Louisiana Court of Appeal · June 5, 2013 · 13 La.App. 3 Cir. 114

URL: https://www.frixlaw.com/law-library/cases/4802127

## Case

- **Full name:** William J. BERARD and Jacqueline Castle Berard v. ST. MARTIN PARISH GOVERNMENT and Ace American Insurance Company
- **Court:** Louisiana Court of Appeal
- **Decided:** June 5, 2013
- **Citations:** 13 La.App. 3 Cir. 114; 115 So. 3d 761; 2013 La. App. LEXIS 1128; 2013 WL 2420809
- **Precedential status:** Published
- **Opinion:** Concurrence by Pickett
- **Judges:** Conery, Pickett, Thibodeaux
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4802127

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4802127. Public record. Not legal advice.