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 NO. 23-C-517
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 80,827

Panel composed of Judges Marc E. Johnson,
Robert A. Chaisson, and John J. Molaison, Jr.

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.

MEJ
RAC
JJM

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-517
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