State of Louisiana, Coastal Protection and Restoration Authority Versus Angelique Levet Aycock, Claude A. Levet, Dssl Properties, LLC, Emile Levet Blank, Jacque P. Levet, Joanna Levet Petrie, Lawrence P. Levet, Lester J. Millet, Jr, Suzanne Levet Ulmer, Winnie Lodrigues, Jr., and Yvette Levet Dornier
State of Louisiana, Coastal Protection and Restoration Authority Versus Angelique Levet Aycock, Claude A. Levet, Dssl Properties, LLC, Emile Levet Blank, Jacque P. Levet, Joanna Levet Petrie, Lawrence P. Levet, Lester J. Millet, Jr, Suzanne Levet Ulmer, Winnie Lodrigues, Jr., and Yvette Levet Dornier, No. 23-C-516 (La. Ct. App. 5th Cir. Nov. 8, 2023).
Opinion text
STATE OF LOUISIANA, COASTAL NO. 23-C-516
PROTECTION AND RESTORATION
AUTHORITY FIFTH CIRCUIT
VERSUS COURT OF APPEAL
HON. VERCELL FIFFIE STATE OF LOUISIANA
November 08, 2023
Linda Wiseman
First Deputy Clerk
IN RE STATE OF LOUISIANA, COASTAL PROTECTION & RESTORATION AUTHORITY
APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT, PARISH OF
ST JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE VERCELL FIFFIE, DIVISION
"A", NUMBER 80,829
Panel composed of Judges Marc E. Johnson,
Robert A. Chaisson, and Scott U. Schlegel
WRIT GRANTED FOR LIMITED PURPOSE
In this expropriation case filed on September 12, 2023, the Coastal Protection and
Restoration Authority (CPRA) seeks to expropriate various properties in St. John the
Baptist Parish for the purpose of construction of the Maurepas Swamp Project. In its
current Petition for Writ of Mandamus now filed with our Court, in which it requests
expedited consideration, CPRA alleges that despite the mandatory requirements of La.
R.S. 19:144, and despite the fact that it filed, on October 26, 2023, an additional Motion
for Execution of Order of Expropriation with request for expedited consideration, the trial
court has failed to issue an Order of Expropriation, which is causing a delay of the entire
Maurepas Swamp Project.
Accordingly, in light of the mandatory language contained in La. R.S. 19:144, we
grant this writ application for the limited purpose of ordering the trial court, by 4:00 p.m.
on November 9, 2023, to take action on CPRA’s Petition for Expropriation by either
issuing the Order of Expropriation as presented by CPRA, or, if it finds deficiencies in
the petition or other valid grounds for denial of the Order of Expropriation, to provide
written reasons that concisely state the grounds for the denial. We further order the trial
court to immediately provide a copy of its ruling, and its written reasons for its ruling
should there be any, to CPRA and to this Court.
Gretna, Louisiana, this 8th day of November, 2023.
RAC
MEJ
SUS
23-C-516
SUSAN M. CHEHARDY CURTIS B. PURSELL
CHIEF JUDGE CLERK OF COURT
SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON LINDA M. WISEMAN
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
JOHN J. MOLAISON, JR.
SCOTT U. SCHLEGEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400
(504) 376-1498 FAX
www.fifthcircuit.org
NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 11/08/2023 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:
23-C-516
E-NOTIFIED
40th District Court (Clerk)
Honorable Vercell Fiffie (DISTRICT JUDGE)
Vercell Fiffie (Respondent) James L. Bradford, III (Relator)
D. Stephen Brouillette, Jr. (Relator)
MAILED
David A. Peterson (Relator) Eliana Defrancesch (Respondent) Goldie Rainey (Respondent)
J. Ryan Vivian (Relator) Clerk of Court Legal Secretary
Attorney at Law 40th Judicial District Court 40th Judicial District Court, Division A
150 Terrace Avenue 2393 Highway 18, Suite 100 2393 Highway 18, Suite 100
Baton Rouge, LA 70802 Edgard, LA 70049 Edgard, LA 70049