LAFAYETTE CITY PARISH CONSOLIDATED GOVERNMENT v. BENDEL PARTNERSHIP PARTNERSHIP IN COMMENDAM CIRCLE FARM INC STACY ALBERT FARM INC AND SOUTHERN ACRES LLC (2022)

Court of Appeal of Louisiana, Third Circuit.

LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT v. BENDEL PARTNERSHIP (A PARTNERSHIP IN COMMENDAM), CIRCLE “A” FARM, INC., STACY ALBERT FARM, INC., AND SOUTHERN ACRES, LLC

22-406

Decided: December 21, 2022

Court composed of Sylvia R. Cooks, Chief Judge, Billy Howard Ezell, and Sharon Darville Wilson, Judges.

Pride Justin Doran, Raven C. Boxie, DORAN & CAWTHORNE, PLCC, 521 East Landry Street, Opelousas, Louisiana 70570, (337) 948-8008, Counsel for Defendant/Appellee/Cross-Appellant: Bendel Partnership, A Partnership in Commendam Sarah Harbison, PELICAN INSTITUTE OF PUBLIC POLICY, 400 Poydras Street, Suite 900, New Orleans, Louisiana 70130, (504) 952-8016, Counsel for Amicus Curiae: Institute for Justice Christen Hebert, INSTITUTE FOR JUSTICE, 816 Congress Avenue, Suite 960, Austin, Texas 78701, (512) 480-3936, Counsel for Amicus Curiae: Institute for Justice Michael D. Hebert, BECKER & HEBERT, LLC, 201 Rue Beauregard, Lafayette, Louisiana 70508, (337) 233-1987, Counsel for Plaintiff/Appellant/Cross-Appellee: Lafayette City-Parish Consolidated Government Gregory J. Logan, Lafayette City-Parish Attorney, THE LOGAN LAW FIRM, 700 Jefferson Street, Lafayette, Louisiana 70505, (337) 406-9685, Counsel for Plaintiff/Appellant/Cross-Appellee: Lafayette City-Parish Consolidated Government Camille Bienvenu Poche’, Karen T. Bordelon, BABINEAUX, POCHÉ, ANTHONY & SLAVICH, LLC, Post Office Box 52169, Lafayette, Louisiana 70505-2169, (337) 984-2505, Counsel for Plaintiff/Appellant/Cross-Appellee: Lafayette City-Parish Consolidated Government Randall A. Smith, L. Tiffany Hawkins, SMITH & FAWER, LLC, 201 St. Charles Avenue, Suite 3702, New Orleans, Louisiana 70170, (504) 525-2200, Counsel for Defendant/Appellee/Cross-Appellant: Bendel Partnership (A Partnership in Commendam) Omar J. Thibeaux, THE THIBEAUX FIRM, 400 E. Kaliste Saloom Road, Suite 3200, Lafayette, Louisiana 70508, (337) 453-4663, Counsel for Plaintiff/Appellant/Cross-Appellee: Lafayette City-Parish Consolidated Government

In this expropriation proceeding, both the landowner and the Lafayette City-Parish Consolidated Government (LCG) appeal multiple rulings from the trial court, which dismissed the expropriation petition, reserved the landowner's claims for attorney's fees and damages, and omitted an award of costs to the landowner, Bendel Partnership, A Partnership in Commendam (Bendel). LCG also filed a writ application, which was granted for the limited purpose of ordering the consolidation of the writ application with LCG's pending appeal. Lafayette City-Par. Consol. Gov't v. Bendel P'ship, 22-406 (La.App. 3 Cir. 7/25/22) (unpublished writ decision). For the reasons expressed in Lafayette City-Parish Consolidated Government v. Bendel Partnership, 22-432 (La.App. 3 Cir. ___/___/22), ___ So.3d ___, we find no manifest error in the trial court's granting the motion to dismiss. However, we vacate the trial court's May 26, 2022 judgment and reinstate the May 4, 2022 judgment and amend it to include the following language: “Bendel Partnership's rights regarding any claims for attorney's fees and/or damages are hereby reserved.” The matter is remanded for further proceedings consistent with this opinion. The Lafayette City-Parish Government is cast with all costs of this appeal.

JUDGMENT VACATED; ORIGINAL JUDGMENT REINSTATED AND AFFIRMED AS AMENDED; AND REMANDED.

WILSON, Judge.

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