Opinion
NO. 2017 CW 0165
06-09-2017
LEVI ROBERTSON INDIVIDUALLY IN HIS OWN RIGHT AND AS CLASS REPRESENTATIVE OF ALL PERSONS WHO SUFFERED DAMAGES TO THEIR PROPERTY AND THEIR PERSON AS A RESULT OF THE FLOOD WATERS BEGINNING ON THE 11th DAY IN THE MONTH OF MARCH, 2016 IN THE TANGIPAHOA RIVER FLOOD BASIN ABOVE AND BELOW INTERSTATE 12 AS A RESULT OF THE DIVERSION OF THE NATURAL FLOW OF THE WATERS OF THE TANGIPAHOA RIVER v. THE STATE OF LOUISIANA AND THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT CONSOLIDATED WITH LEVI ROBERTSON, INDIVIDUALLY IN HIS OWN RIGHT AND AS CLASS REPRESENTATIVE OF ALL PERSONS WHO SUFFERED DAMAGES TO THEIR PROPERTY AND THEIR PERSON AS A RESULT OF THE FLOOD WATERS BEGINNING ON THE 12th DAY IN THE MONTH OF AUGUST 2016 IN THE TANGIPAHOA RIVER FLOOD BASIN ABOVE AND BELOW INTERSTATE 12 AS A RESULT OF THE DIVERSION OF THE NATURAL FLOW OF THE WATERS OF THE TANGIPAHOA RIVER v. THE STATE OF LOUISIANA AND THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT
In Re: The State of Louisiana, Through The Department of Transportation and Development, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 2016-0000719 C/W 2016-0002272. BEFORE: GUIDRY, HIGGINBOTHAM, AND THERIOT, JJ.
WRIT GRANTED. The district court erred in denying defendant/relator, The State of Louisiana, through the Department of Transportation and Development's, peremptory exception of liberative prescription as more than two years have passed since the damages were first sustained in 1983 by the bridge's construction. See La. R.S. 9:5624; Wilson v. City of Baton Rouge, 96-0015 (La. App. 1st Cir. 11/8/96), 683 So.2d 382, 383, writ denied, 96-2936 (La. 1/31/97), 687 So.2d 408.
TMH
MRT
Guidry, J., concurs. Furthermore, I find that the district court erred in denying DOTD's peremptory exception of res judicata as the underlying cause of action is the flooding of the Tangipahoa River due to the construction of the bridge and its embankments, a matter previously resulting in a final judgment. See Boudreaux v. State, Dept. of Transp. and Development, 2000-0050 (La. App. 1st Cir. 2/16/01), 780 So.2d 1163, 1168, writ granted, 2001-1329 (La. 6/29/01), 794 So.2d 804, writ dismissed, 2001-1329 (La. 2/26/02), 815 So.2d 7 & Boudreaux v. State, Dept. of Transp. and Development, 2004-0985 (La. App. 1st Cir. 6/10/05), 906 So.2d 695, writs denied, 2005-2164 (La. 2/10/06), 924 So.2d 174 & 2005-2242 (La. 2/17/06), 924 So.2d 1018. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT