STATE, DEPT. OF TRANSPORTATION & DEV. v. Sugarland Ventures, Inc.

476 So. 2d 970, 1985 La. App. LEXIS 9967
CourtLouisiana Court of Appeal
DecidedOctober 8, 1985
Docket84 CA 0842
StatusPublished
Cited by43 cases

This text of 476 So. 2d 970 (STATE, DEPT. OF TRANSPORTATION & DEV. v. Sugarland Ventures, Inc.) 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
STATE, DEPT. OF TRANSPORTATION & DEV. v. Sugarland Ventures, Inc., 476 So. 2d 970, 1985 La. App. LEXIS 9967 (La. Ct. App. 1985).

Opinion

476 So.2d 970 (1985)

STATE of Louisiana, DEPARTMENT OF TRANSPORTATION & DEVELOPMENT
v.
SUGARLAND VENTURES, INC.

No. 84 CA 0842.

Court of Appeal of Louisiana, First Circuit.

October 8, 1985.
Writ Denied November 22, 1985.

*972 Grady C. Weeks and William A. Stark, Houma, for State of Louisiana, Dept. of Transp. & Development.

Andrew Reed, Aycock, Horne, Caldwell & Coleman, Morgan City, and Oscar E. Reed, Jr., Broadhurst, Brook, Mangham, Hardy & Reed, for Sugarland Ventures, Inc., defendant.

R. Scott Ramsey, Jr., McElroy & Ramsey, Berwick, for Frank C. Orlando, Jr. and John V. Orlando, intervenors.

Before EDWARDS, LANIER and JOHN S. COVINGTON, JJ.

JOHN S. COVINGTON, Judge.

The instant litigation had its genesis as a Title 19 expropriation proceeding brought by the State of Louisiana (state), through the Department of Transportation & Development (DOTD), against Sugarland Ventures, Inc. (Sugarland). Appellants, Frank and John Orlando (the Orlandos), intervened in the original suit and eventually obtained a final judgment granting them an award of compensation, which the state legislature later refused to pay. The Orlandos herein appeal an adverse judgment rendered in their subsequent suit for declaratory relief.

We affirm.

On September 2, 1981, the state filed a petition for expropriation against Sugarland, seeking the ownership (reserving unto Sugarland the mineral rights) of three parcels of land located near a St. Mary Parish airport. The purpose of the expropriation, brought under the authority of LSA-R.S. 19:1 et seq., was to comply with Federal Aviation Administration requirements involved in the extension of an airport runway. The Orlandos intervened in the expropriation proceeding, seeking an award of compensation from the state based on their contract with Sugarland allowing them to haul dirt from portions of the subject property. As neither Sugarland nor the Orlandos contested the state's right to expropriate, the only issue at trial was the proper amount of compensation, if any, owed to each. After trial on the merits, the trial judge signed a judgment on March 5, 1982, granting ownership (excepting mineral rights) of the subject property to the state, expressly conditioned upon the state's payment to Sugarland and the Orlandos *973 of the amounts of compensation awarded to each.

Both the state and the Orlandos took devolutive appeals from the expropriation judgment. However, the state on November 9, 1982, filed a motion with this court to dismiss both appeals, alleging that the runway extension project had been officially abandoned, and arguing that as a result, the entire matter had become moot and the case should be remanded to the district court for the fixing of the Orlandos' attorney's fees. That motion was denied and the state allowed its appeal to be dismissed on December 2, 1982 for failure to timely file a brief in support of its appeal. The Orlandos subsequently filed a motion to dismiss their appeal, which was granted on December 23, 1982, and the expropriation judgment thereafter became final.

It seems apparent from the record that the Orlandos were informally aware by mid-1982 that the state intended to abandon the runway extension project. In any case, by letter dated January 6, 1983, the state informed counsel for the Orlandos that the project had been officially abandoned and that the state did not intend to take possession of the subject property. In the opinion of the state, the expropriation judgment thus had no effect, and it declared its intention to oppose any attempt by the Orlandos to obtain an appropriation from the state legislature to satisfy the expropriation judgment. Despite this forewarning, in the spring of 1983 the Orlandos sought to obtain an appropriation from the legislature. After a hearing in which DOTD testified in opposition on the ground that it had abandoned the project, the House Committee on Appropriations voted to report the Orlandos' appropriation bill unfavorably.

Thereafter, on June 1, 1983, the Orlandos filed a suit for declaratory judgment pursuant to LSA-C.C.P. arts. 1871 et seq., seeking the following relief: (1) an order that the state pay the amount awarded by the trial court in the expropriation judgment; (2) a declaration that the project's abandonment did not affect the state's obligation to pay the amount awarded; (3) a resolution in favor of judgment creditors of "the conflict contained in Article 12, Section 10, of the Louisiana Constitution of 1974"; (4) a declaration that LSA-R.S. 13:5109(B) and La.Const. Art. 12, Sec. 10 are violative of the Due Process and Equal Protection clauses of the U.S. Constitution's Fourteenth Amendment; and (5) an increase in the amount of attorney's fees awarded by the trial court in the expropriation judgment. After a hearing, the trial court rendered judgment against the Orlandos and in favor of the state, denying all of the Orlandos' prayers for relief. The Orlandos petitioned for, and were granted, a devolutive appeal; it is on that appeal that the cause is before us.

Before addressing the Orlandos' arguments on appeal, we note that the record further shows that on January 9, 1984, after judgment on the petition for declaratory relief was rendered, the Orlandos filed a motion to set attorney's fees and expenses arising from the original expropriation proceeding. By judgment signed January 25, 1984, the trial court awarded the Orlandos the sum of $40,855.20 in compensation. The record reflects that Sugarland had followed a similar course and had obtained a judgment on July 13, 1983, ordering the state to pay attorney fees in the amount of $30,202.51.

The Orlandos seek declaratory relief pursuant to LSA-C.C.P. arts. 1871-83, which substantially incorporate the provisions of the Uniform Declaratory Judgments Act. The consistent interpretation of the Uniform Act and of our own codal articles is that a person is entitled to relief by declaratory judgment when his rights are uncertain or disputed in an immediate and genuine situation and declaratory judgment will remove that uncertainty or terminate that dispute. When declaratory judgment is thus appropriate, neither the existence of another adequate remedy nor the fact that further relief has been or can be claimed will preclude a court from rendering judgment declaring a petitioner's rights *974 or status. In Re P.V.W., 424 So.2d 1015 (La.1982).

The function of a declaratory judgment is simply to establish the rights of the parties or express the opinion of the court on a question of law without ordering anything to be done. Gulotta v. Cutshaw, 258 So.2d 555 (La.App. 1st Cir.1972), reversed on other grounds 283 So.2d 482 (La.1973). For this reason the trial court was correct in refusing to render a money judgment or order an increase in attorney fees, as requested by the Orlandos.

The first issue we must address is whether the state may, after rendition of final judgment, in a Title 19 expropriation proceeding, officially abandon the project which was the basis of the expropriation suit and on that ground, refuse to take possession of the property involved or to pay the amount awarded. The Orlandos contend that the final judgment transferred ownership of the subject property and mandated state payment of the compensation award. The state contends that under the terms of the expropriation judgment itself and LSA-R.S. 19:10, acquisition of ownership was expressly subject to the suspensive condition of payment of the award of compensation.

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Bluebook (online)
476 So. 2d 970, 1985 La. App. LEXIS 9967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-dept-of-transportation-dev-v-sugarland-ventures-inc-lactapp-1985.