Another one in our year-end opinion rush.
In Board of Supervisors of Louisiana State University v. Villavaso, No. 2014-CA-1277 (Dec. 23, 2015), the Louisiana Court of Appeals upheld the trial court’s view of just compensation after a bench trial, in a case about LSU’s taking of property being used for a parking lot in New Orleans. The court concluded that the verdict was a choice between the property owner’s appraiser and LSU’s, which was “a pure credibility call.” Slip op. at 9. And you know what that means when an appellate court says such things: affirmed.
The court also upheld the verdict regarding business losses, and the lower court’s ruling that the owner was entitled to compensation both for the taking of the land, as well as the value of the parking business. Same result on LSU’s claim that the trial judge erroneously prohibited one of LSU’s appraisers from testifying.
But the court of appeals concluded that the $50,000 award for mental anguish — a remedy allowable under Louisiana law in eminent domain actions — was too much, and $15,000 was “appropriate.” Why, the court does not explain.
Finally, the court upheld the $165,000 attorneys’ fees award.
Overall, a satisfying property owner victory, so congratulations to our Owners’ Counsel of America colleague Randy Smith for this one.