164 So. 2d 355 | La. | 1964
Lead Opinion
In re: State of Louisiana, through the Department of Highways applying for cer-toriari, or writ of review, to the Court of Appeal, Second Circuit, Parish of Ouachita. 162 So.2d 397.
Writ refused. We find no merit in the assignment of error. Both courts properly held that this was a partial taking. This is the only question raised by-the writ application.
Dissenting Opinion
is of the opinion that the application should be granted to correct what he considers to be an unwarranted award for the taking of one square of ground; furthermore, that the award for severance damage is not only excessive, but not in accordance with the law and jurisprudence of this state.
Dissenting Opinion
is of the opinion that a writ should be granted. Although the Department of Highways does not complain in its application here that the method used by the Court of Appeal in determining severance damages is incorrect, a writ should nevertheless issue as the method employed by the court is contrary to the established jurisprudence of this Court and, consequently, should be noticed, ex proprio motu.
