Opinion
NO. 2015 CW 0797
05-22-2015
GUSTAVE J. LABARRE, JR. v. OCCIDENTAL CHEMICAL COMPANY AND TEXAS BRINE COMPANY, LLC
In Re: Occidental Chemical Corporation, applying for supervisory writs, 23rd Judicial District Court, Parish of Assumption, No. 33796. BEFORE: WHIPPLE, C.J., GUIDRY, McDONALD, HIGGINBOTHAM AND CRAIN, JJ.
STAY GRANTED. WRIT GRANTED. We grant the writ application as to the judgment of the district court dated April 29, 2015, which denied the motion to quash plaintiffs' notice of inspection and entry upon land filed by defendant, Occidental Chemical Company. Further, we order a stay of any inspection under plaintiffs' notice of inspection and entry upon land. We reverse the district court's denial of the defendant's motion to quash and remand this matter back to the district court to conduct an evidentiary hearing to address and resolve the issues of protocol for all aspects of the inspection and to provide for the issuance of adequate indemnity agreements to apply to the plaintiffs' inspection activities on the subject property.
JMG
JMM
TMH
Crain, J., dissents and would deny the writ.
Whipple, C.J., dissents and would deny the writ. Herlitz Construction Company v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam). COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT