Cited by

Opinions in Louisiana that cite State, Department of Highways v. McPherson, 259 So. 2d 33.

59 citing documents.

State, Department of Transportation & Development v. Munson 169 So. 3d 426 La. Ct. App. 1st Cir. 2015
Williamson v. ST. FRANCIS CABRINI HOSP. 763 So. 2d 50 La. Ct. App. 3d Cir. 2000
Natchitoches Parish Port Commission v. Deblieux & Kelley, Inc. 760 So. 2d 393 La. Ct. App. 1st Cir. 2000
West Jefferson Levee D. v. Coast Quality 640 So. 2d 1258 La. 1994
See, e.g., Dietrich, supra, 555 So.2d at 1359 ; State, , (1972); Rapier, supra, 164 So.2d at 282 ("[T]he landowner bears the burden of proving his claim for additional compensation to a legal certainty and by a preponderance of the evidence."); State Through Dept. of Highways v. Levy, 242 La.
Saucier v. State, Department of Transportation & Development 635 So. 2d 295 La. Ct. App. 1st Cir. 1994
Rivet v. STATE, DOTD 635 So. 2d 295 La. Ct. App. 5th Cir. 1994
City of Shreveport v. Shreve Land Investors Partnership 556 So. 2d 638 La. Ct. App. 2d Cir. 1990
Brandt v. Rayford 552 So. 2d 1013 La. Ct. App. 1st Cir. 1989
Indeed, if that were the rule, success would rarely attend an attempt to prove an ultimate fact.” State
Mullet v. STATE EX REL. DOTD 539 So. 2d 897 La. Ct. App. 4th Cir. 1989
STATE, DOTD v. Semp Russ Plantations 529 So. 2d 487 La. Ct. App. 3d Cir. 1988
In State, , (1972), the court stated: "Justice does not require a court to accept as an absolute verity the opinion of the expert witness of a party simply because it involves a value of property lower than that of another expert tendered by the same party.
State Dept. of Transp. & Dev. v. Stumpf 519 So. 2d 279 La. Ct. App. 5th Cir. 1988
Dept. of Transp. & Development v. Ford 520 So. 2d 774 La. Ct. App. 3d Cir. 1987
State, , (1972); Valley Electric Membership Corporation, (La.App.
State ex rel. Department of Transportation & Development v. Rushing 514 So. 2d 209 La. Ct. App. 1st Cir. 1987
State, , (1972);' State, Department of Transportation, v. Van Willett, (La.App.
State, Department of Highways v. Modica 514 So. 2d 22 La. Ct. App. 2d Cir. 1987
State, , (1972); State, Dept, of Transp.
State Through Dept. of Highways v. Bray 511 So. 2d 1300 La. Ct. App. 2d Cir. 1987
State, , (1972); State, Dept. of Transp.
Pogo Producing Co. v. United Gas Pipe Line Co. 511 So. 2d 809 La. Ct. App. 4th Cir. 1987
Trentacoste v. Elmer 480 So. 2d 1054 La. Ct. App. 1st Cir. 1985
Unlike testimony as to factual matters, an opinion seeks only to assist the trier of fact in its effort to determine the ultimate fact, , (1972).
Redevelopment Agency for City of Alexandria v. Garrett 479 So. 2d 985 La. Ct. App. 3d Cir. 1985
State, Dept. of Transp. & Dev. v. Stephenson 480 So. 2d 909 La. Ct. App. 2d Cir. 1985
STATE, DEPT. OF TRANSP. AND DEVELOPMENT v. Shannon-Page Inv. Co. 478 So. 2d 702 La. Ct. App. 3d Cir. 1985
3 Cir.1981); State, , (1972); Middle Tennessee Council, (La.
State, Dept. of Transp. & Develop. v. Henry 468 So. 2d 1262 La. Ct. App. 3d Cir. 1985
VALLEY ELEC. MEMBERSHIP CORP., INC. v. Wallace 465 So. 2d 986 La. Ct. App. 3d Cir. 1985
Williams v. Anderson 456 So. 2d 666 La. Ct. App. 1st Cir. 1984
Acadian Heritage Realty v. City of Lafayette 434 So. 2d 182 La. Ct. App. 3d Cir. 1983
1st Cir. 1977) and State, , (1972).
State D. of Trans. & Dev. v. Estate of Clark 432 So. 2d 405 La. Ct. App. 1st Cir. 1983
State, , State, Dept. of Hwy.
State ex rel. Department of Highways v. Roland J. Robert Distributor, Inc. 405 So. 2d 1174 La. Ct. App. 1st Cir. 1981
State ex rel. Department of Highways v. Devall 405 So. 2d 1173 La. Ct. App. 1st Cir. 1981
The matter of expert opinion testimony was discussed thoroughly in State, , (1972), rehearing denied 1972.
STATE, ETC. v. Estate of Aertker 404 So. 2d 316 La. Ct. App. 3d Cir. 1981
State, , (1972); State, Department of Transportation & (La.App.
Losavio v. Gauthier 400 So. 2d 921 La. Ct. App. 1st Cir. 1981
The weight to be accorded such expert opinions is stated in State, , (1972), as follows: “Expert opinions are not ordinarily conclusive.
Boustany v. Fluid Dynamics, Inc. 392 So. 2d 750 La. Ct. App. 3d Cir. 1980
In State, , (1972), the court explained the factors used in determining the weight to be given opinion testimony: "...
State ex rel. Department of Highways v. Moseley 390 So. 2d 951 La. Ct. App. 1st Cir. 1980
“On the other hand, where the improvement for which the taking is made produces a general appreciation in the value of the property in the area irrespective of its peculiar location adjacent to the improvement in question, this is a general benefit attributable to all land in the vicinity.” However, the Grey ruling seems to have been considerably narrowed by State, , (1972) and State
STATE, DEPT. OF TRANSP., ETC. v. Van Willet 389 So. 2d 1346 La. Ct. App. 3d Cir. 1980
3 Cir. 1969); State, (La.
State, Dept. of Transp. v. Van Willett 386 So. 2d 1023 La. Ct. App. 3d Cir. 1980
Louisiana Gas Purchasing Corp. v. Sincox 368 So. 2d 816 La. Ct. App. 2d Cir. 1979
Louisiana Power & Light Co. v. Caldwell 353 So. 2d 371 La. Ct. App. 1st Cir. 1978
Nettles Excavators, Inc. v. Certain-Teed Products Corp. 351 So. 2d 1258 La. Ct. App. 1st Cir. 1977
State Dept. of Highways v. Terrebonne 349 So. 2d 936 La. Ct. App. 1st Cir. 1977
48:443; State, , (1972).
State ex rel. Department of Highways v. Brannon 348 So. 2d 1301 La. Ct. App. 1st Cir. 1977
State, Through Dept. of Hwys. v. A. Wilbert's Sons Lbr. 346 So. 2d 842 La. Ct. App. 1st Cir. 1977
State ex rel. Department of Highways v. Regent Development Corp. 344 So. 2d 46 La. Ct. App. 1st Cir. 1977
State ex rel. Department of Highways v. Finkelstein 340 So. 2d 1040 La. Ct. App. 1st Cir. 1976
The consideration due these conclusions was stated by the Louisiana Supreme Court in State, , (1972), to be: “ .
State ex rel. Department of Highways v. Johnson 341 So. 2d 12 La. Ct. App. 1st Cir. 1976
186) From analysis of State, , (1972), we conclude that no special benefits to Johnson’s property, as distinguished from the general benefit to all in the neighborhood, have been proven by the Department of Highways in this instance.
Galloway v. Gaspard 340 So. 2d 579 La. Ct. App. 1st Cir. 1976
(1972); Middle Tennessee Council, (La.
Lester v. EMPLOYERS MUT. LIABILITY INS. CO. 333 So. 2d 672 La. Ct. App. 3d Cir. 1976
Taylor v. BOARD OF LEVEE COM'RS 332 So. 2d 495 La. Ct. App. 3d Cir. 1976
State ex rel. Department of Highways v. Degueyterre 326 So. 2d 627 La. Ct. App. 1st Cir. 1976
State ex rel. Department of Highways v. Dugas & LeBlanc, Ltd. 323 So. 2d 146 La. Ct. App. 1st Cir. 1975
State, Department of Highways v. Coblentz 322 So. 2d 276 La. Ct. App. 2d Cir. 1975
State ex rel. Department of Highways v. Davidson 319 So. 2d 808 La. Ct. App. 1st Cir. 1975
State, Dept. of Highways v. Port Properties, Inc. 316 So. 2d 749 La. Ct. App. 1st Cir. 1975