CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS
STATE OF LOUISIANA
NO. 08-13114 SECTION “15″ DIVISION “A”
JUDGMENT
This matter was tried to a jury on February 27, 28, 29 and March 1, 2012, by the following counsel and parties:
Tommy Anzelmo (#2533)
Lou Anne Gwartney (#23869)
McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch, LLC
3445 N. Causeway Boulevard, Suite 800
Metairie, Louisiana 70002
Attorneys for Plaintiff and Defendant-in-Reconvention, Orleans Levee District
Randall A. Smith (#2117)
Tiffany Hawkins Davis (#20855)
Smith & Fawer, LLC
201 St. Charles Avenue, Suite 3702
New Orleans, Louisiana 70170
Attorneys for Defendant and Plaintiff-in-Reconvention, East New Orleans Michoud Industrial Park, LLC
Pursuant to La.C.C.P. 1916(A), and considering the verdict rendered by the jury in favor of East New Orleans Michoud Industrial Park, LLC (“ENOMIP”) on March 1, 2012 (see attached Exhibit “1″), and the deposit of the Orleans Levee District (“OLD”) pursuant to the Order of Expropriation of December 22, 2008 (see attached Exhibit “2″); and considering the applicable law, particularly La. R.S. 38:389 (providing for legal interest from the date of taking);
IT IS ORDERED, ADJUDGED AND DECREED that Judgment be rendered in favor of East New Orleans Michoud Industrial Park, LLC, and against Orleans Levee District, awarding additional just compensation for the 10.12 acres taken on December 22, 2008 in the amount of FOUR HUNDRED FOURTEEN THOUSAND NINE HUNDRED SEVENTY-SEVEN and No/100 Dollars ($414,977.00), plus additional just compensation for severance damages to the remainder of ENOMIP’s property in the amount of SEVEN HUNDRED TWENTY-THREE THOUSAND ONE HUNDRED THIRTY-SEVEN and Noll 00 Dollars ($723,137.00), for a total of additional just compensation in the amount of ONE MILLION ONE HUNDRED THIRTY-EIGHT THOUSAND ONE HUNDRED FOURTEEN and No/100 Dollars ($1,138,114.00), plus interest on said $1,138,114.00 at the applicable Louisiana legal rates from December 22, 2008, until paid; plus any attorney’s fees, expert fees, and costs found due and proper, pursuant to La. R.S. 38:387(E), La. R.S. 13:5112 and La. C.C.P. art. 1920, to be set after ruling on the post-trial motion filed by ENOMIP today.
JUDGMENT READ, RENDERED AND SIGNED at New Orleans, Louisiana, this 13th day of March, 2012.
RULE 93 CERTIFICATE
The undersigned certifies that the proposed Judgment attached hereto was reviewed by and is acceptable to counsel of record for all parties. New Orleans, Louisiana, this 13th day of March, 2012.
SPECIAL JURY INTERROGATORIES
1. What amount of money do you find is just compensation for the 10.12 acres that the Orleans Levee District expropriated from ENOMIF on December 22, 2008?
$590,000
2. Subtract the $175,023.00 deposited into the Registry of the Court by the Orleans Levee District from your answer to question number 1, and put the difference, if any, on the line below.
$414,977
3. What amount of money, if any, do you award as just compensation for the severance damages to the remainder of ENOMIP’s property as a result of the taking?
$723,137
Please date and sign this form and return to the courtroom.
New Orleans, Louisiana, this 1 day of March, 2012.