Sandrock v. St. Bernard Parish Government
171 So. 3d 1039
La. Ct. App.2015Background
- SBPG demolished Sandrock's duplex at 3116-18 Stacie Drive after Hurricane Katrina under post‑disaster ordinances.
- Ordinances required debris removal, boarding, securing, and eventual repairs; demolition was pursued when properties were deemed dangerous.
- Sandrock’s property was condemned as a public health and safety hazard, with a demolition placard and notices posted.
- Sandrock appealed the demolition; the appeal was granted but later revoked after SBPG determined requirements were not met, though no notice of revocation was shown to Sandrock.
- Sandrock obtained a rebuilding permit in March 2007 and water service was restored; by January 2008 SBPG inspected the property and later demolished it.
- Sandrock sued SBPG for multiple torts and constitutional takings claims; trial court awarded damages for property loss, lost rent, and general damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SBPG is immune from liability under RS 9:2800.17 | Sandrock asserts gross negligence/willful misconduct exceptions apply. | SBPG argues immunity applies unless gross negligence or willful misconduct is proved. | Immunity issue resolved in SBPG's favor on the merits; question focuses on damages later. |
| Proper measure of property loss when public demolition occurs | Replacement cost fully compensates Sandrock. | Market value is the proper measure for rental properties. | Damages affirmed for property loss using market value, not replacement cost. |
| Validity of lost rental income awarded | Losses continued for two years due to demolition forgiveness delays. | Rewards should cover only one year of lost rent. | Lost rent reduced to one year: $17,136.00. |
| Award of general damages and mental anguish claim | General damages for mental anguish supported by disruption and invasion of property. | Mental anguish not proven; damages should reflect property loss and loss of use only. | General damages reversed; no compensable mental anguish shown. |
Key Cases Cited
- State Dept. of Highways v. Constant, 369 So.2d 699 (La. 1979) (replacement cost may be used to fully compensate when appropriate, not a universal rule)
- State, Dept. of Transp. & Development v. Dietrich, 555 So.2d 1355 (La. 1990) (full compensation beyond market value may be warranted)
- State Dept. of Transp. & Development v. Lobel, 571 So.2d 742 (La. App. 2d Cir. 1990) (whether property is unique affects replacement vs market value)
- Ambrose v. New Orleans Police Department Ambulance Service, 639 So.2d 216 (La. 1994) (gross negligence standard and mental anguish principles discussed)
- Rosell v. ESCO, 549 So.2d 840 (La. 1989) (manifest error standard for factual findings)