2400 Canal, LLC v. Board of Supervisors of Louisiana State Mechanical and Agricultural College

105 So.3d 819 (2012)

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2400 Canal, LLC v. Board of Supervisors of Louisiana State Mechanical and Agricultural College

Louisiana Court of Appeal
105 So.3d 819 (2012)

CS

Facts

2400 Canal, LLC (plaintiff) owned property in New Orleans. The property was expropriated by the Board of Supervisors of Louisiana State Mechanical and Agricultural College (the board) (defendants) after the City of New Orleans, state officials, and the board determined that it was necessary to acquire the property in conjunction with a plan to build a new Department of Veterans Affairs (VA) medical center. The board and 2400 Canal settled the expropriation with an agreement in which 2400 Canal agreed to a full release of all claims and causes of action that 2400 Canal had or might have in the future related to the property. After the property was expropriated, a use agreement was enacted between the Louisiana parties and the VA that granted the VA a right of possession, occupancy, and use over the property. 2400 Canal sued the board over this use agreement, alleging that it violated a provision of the Louisiana Constitution that provided that expropriated property could not be sold or leased for at least 30 years without first being offered for sale to the original owner. The trial court dismissed 2400 Canal’s claims, holding that it had waived all rights to any claim over the property through the expropriation agreement. 2400 Canal appealed.

Rule of Law

Issue

Holding and Reasoning (Ledet, J.)

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