(DOWNLOAD) "Marius Ortego and Theresa Tate Ortego D/B/a Theresa's Dress Shop v. State Louisiana" by Supreme Court Of Louisiana # eBook PDF Kindle ePub Free
eBook details
- Title: Marius Ortego and Theresa Tate Ortego D/B/a Theresa's Dress Shop v. State Louisiana
- Author : Supreme Court Of Louisiana
- Release Date : January 25, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
FOR PUBLICATION 96-1322 (La. 2/25/97); ___ So.2d ___ February 25, 1997 ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, STATE OF LOUISIANA We granted certiorari to determine the preclusive effect of a written compromise agreement, confected after commencement of an expropriation suit by the State, on a subsequent inverse condemnation suit brought by the property owner. The district court denied peremptory exceptions of no cause of action and res judicata filed by the State, through Department of Transportation and Development (DOTD), which sought the case's dismissal because the prior compromise, entered as a judgment on joint petition of both parties, contemplated just and adequate compensation for the property and rights taken and in consideration of all damages as a result of a highway widening project. Additionally, the district court granted the plaintiffs' motion in limine to exclude any documentary evidence or testimony relating to the previous expropriation suit and the settlement of that suit between the Ortegos and DOTD as it pertained to their property and the State highway project at issue. A jury trial in inverse condemnation ensued and the jury returned a verdict in plaintiffs' favor awarding $432,830.00 in total damages, consisting of $240,192.00 in costs for removal and/or relocation of the building and $192,638.00 in economic losses. The court of appeal affirmed. For the reasons explained more fully below, we reverse.