Orleans Parish School Board v. Dorsett

154 So. 2d 545, 1963 La. App. LEXIS 1781
CourtLouisiana Court of Appeal
DecidedJune 4, 1963
DocketNo. 1123
StatusPublished
Cited by4 cases

This text of 154 So. 2d 545 (Orleans Parish School Board v. Dorsett) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Orleans Parish School Board v. Dorsett, 154 So. 2d 545, 1963 La. App. LEXIS 1781 (La. Ct. App. 1963).

Opinion

McBRIDE, Judge.

This is an expropriation suit brought by the Orleans Parish School Board (hereinafter sometimes referred to as “school board” or “board”) to secure for junior-senior high school purposes a rectangular-shaped parcel of ground having an aggregate area of 25 acres, located in the Gentilly section and composed of Groves (Plots) 86, 88, 90, 92 and 94 of Section 24 of the New Orleans Lake Shore Land Company Tract. Defendant landowner filed a general denial to plaintiff’s allegations and specially denied that any of the property is required for school purposes, and, in the alternative, denied that all of it is needed. Defendant also averred her ownership of certain land immediately to the south of the property plaintiff seeks and sets up that if plaintiff is successful, she will be left with a triangular-shaped plot which the expropriation has left seriously impaired in value. [547]*547She prays for a dismissal of the suit and, alternatively, that any expropriation -be limited to the extent of land reasonably needed by plaintiff, and that she have judgment for the market value of the land, together with severance damages to her remaining property adjacent thereto.

Defendant subsequently interposed an exception of no cause of action grounded on the contention that plaintiff’s allegations are insufficient in law to sustain a judgment of expropriation in that the petition does not set forth the specific use to which the land is to be dedicated or the extent to which the land “might be appropriate” therefor.

On November 14, 1962, the court below rendered judgment overruling the exception and dismissing defendant’s special plea that none of the property sought to be taken is necessary for the purposes alleged. Although the judgment decreed that the property is necessary for public school purposes, it limits the expropriation to IS acres (the front portions of the groves fronting on Read Road) instead of the 25 acres sought. Subsequently the question of the valuation of the property was tried, and after considering the evidence offered by both sides, the judge on March 19, 1963, rendered judgment awarding defendant $150,000 for the 15 acres expropriated and also $52,-000 for damages to her remaining property.

After depositing $202,000 in the registry of the district court, the school board took this appeal which defendant has answered praying that her special pleas and exception be maintained and that she have judgment dismissing plaintiff’s demands; alternatively, defendant prays that the valuation of the land be established at $180,000 and that the severance damages be increased to $123,038.03.

The school board contends that the trial judge erred in not permitting the full 25 acres to be expropriated, in fixing the market value of the 15 acres at $150,000, and in awarding severance damages of $52,000.

In the specifications of errors contained in appellee’s brief, she contends that the district court erred in finding that the locus is suitable for the placement of a school, and, alternatively, in not holding that the 15 acres have a fair market value of $180,-000, and in not awarding $123,038.03 as severance damages.

The exception of no cause of action was properly overruled below; plaintiff alleges it found it necessary to acquire the property for use in connection with the construction of a public school building, and we think this allegation suffices to refute, without further comment, the ex-ceptor’s contention that the allegations of the petition do not set forth the specific use to which the land is to be dedicated. We also think that the petition adequately sets forth the extent to which the land is appropriate for such use. It could not logically be deduced from the petition, in view of the board’s allegation that it is necessary to acquire the property for public school purposes, that the same is inappropriate for such use.

The Legislature has specifically delegated to parish school boards the power to determine the number of schools to be opened and the location of school houses. LSA-R.S. 17:81. This section further provides:

“ * * * that the Orleans Parish School Board shall have authority to prescribe the rules and the regulations to govern the building and equipping and repairing of school houses, and the dates of the meetings of that board.”

The Legislature has further provided that:

“Parish school boards may establish such public schools as they may deem necessary to provide adequate school facilities for the children of the parish, * * *. Central or high schools may be established when necessary, but no high school shall be established without the sanction of the state board of education. * * *” LSA-R.S. 17:151.

[548]*548All laws and all rules and regulations of the State Board of Education governing other parish school boards throughout the state apply to the Orleans Parish School Board. LSA-R.S. 17:122.

The Orleans Parish School Board is endowed with the power of eminent domain. LSA-C.C. art. 2626; LSA-R.S. 19:2.

At the outset of their argument before us, counsel for appellee contended that plaintiff has no right to stand in judgment in this suit because it did not allege and had never shown that it obtained the sanction of the State Board of Education for the establishment of the contemplated high school. This contention may be disposed of with but a brief statement. Plaintiff by this action is not endeavoring to establish' a high school, but merely seeks to acquire land suitable for the placement thereon of a high school.

The argument of appellee’s counsel to the contrary notwithstanding, the school board has shown both the necessity for the expropriation and the suitability of the property for public school purposes. This is shown by the testimony of Dr. Stanley Fitzpatrick who appeared as a witness for plaintiff school board. His qualifications as an expert appear from the evidence which shows he has served as Director of Research, Census and Planning for the Orleans Parish School Board since 1954; that he holds the degrees of Bachelor of Science and Master of Arts from Tulane University and Doctor of Education and Administration from Harvard University; that he has served as a member of the Planning Advisory Committee for the New Orleans City Planning and Zoning Commission since 1954 and is the incumbent Chairman of that committee.

The school board plans to erect and complete within three years a $3,000,000 multiple-story, sixty classroom complex (a junior-senior high school) on the site, designed to serve 1,800 students. The facility will serve for public school purposes in the area not merely for the present but for perhaps the next 50 or 75 years. Prior to recommending to the board that it acquire the property, Dr. Fitzpatrick studied its location and utility and the major street system in the general area, etc. His opinion was that the site is necessary, pointing out that there is presently no public junior or senior high school located east of the Industrial Canal; that as of November 1962, 1,121 children living east of the canal attend public junior and senior high schools in other sections of the city; he also gave statistics with reference to the number of children living east of the Industrial Canal presently enrolled in public schools, and from these it is obvious that with the passage of each year the number of educable children of junior and senior high school age in this section of the city will steadily increase.

Dr.

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Related

Orleans Parish School Bd. v. City of New Orleans
468 So. 2d 709 (Louisiana Court of Appeal, 1985)
Henry v. Ballard & Cordell Corp.
418 So. 2d 1334 (Supreme Court of Louisiana, 1982)
Orleans Parish School Board v. Dorsett
156 So. 2d 605 (Supreme Court of Louisiana, 1963)

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Bluebook (online)
154 So. 2d 545, 1963 La. App. LEXIS 1781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orleans-parish-school-board-v-dorsett-lactapp-1963.