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Lanie Farms, Inc. v. Cleco Power, LLC

Court of Appeals of Louisiana, Third Circuit

November 7, 2018

LANIE FARMS, INC.
v.
CLECO POWER, LLC, ET AL.

          APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. C-2011-6019, DIVISION "D" HONORABLE EDWARD D. RUBIN, DISTRICT JUDGE.

          James Aristide Holmes, Nicholas P. Arnold, Christovich & Kearney, LLP COUNSEL FOR: Defendants/Appellees - Cleco Power, LLC, Utility Lines Construction Services, Inc. d/b/a Highlines Construction Company, Inc.

          Joseph A. Tabb COUNSEL FOR: Plaintiff/Appellant - Lanie Farms, Inc.

          Court composed of Ulysses Gene Thibodeaux, Chief Judge, Shannon J. Gremillion, and Candyce G. Perret, Judges.

          ULYSSES GENE THIBODEAUX CHIEF JUDGE.

         Plaintiff, Lanie Farms, Inc. (Lanie Farms), filed suit against CLECO Power, LLC (CLECO) and Utility Lines Construction Services, Inc. d/b/a Highlines Construction Company, Inc. (Highlines), seeking damages for the economic losses and remediation expenses it incurred as a result of Defendants' construction and installation of new electrical poles and power lines along a servitude that traversed property farmed and leased by Lanie Farms. During trial, Defendants moved for involuntary dismissal. The trial court denied the motion and ultimately ruled in Lanie Farms' favor, awarding $38, 000.00 in damages plus interest and costs. Lanie Farms then moved for a new trial on the issue of damages only. After the trial court denied the motion, Lanie Farms filed its appeal to this court, challenging the trial court's general damage award as well as its failure to grant a new trial. CLECO and Highlines answered the appeal, assigning as error the trial court's denial of their motion for involuntary dismissal and its casting Defendants in judgment.

         After reviewing the record evidence, we find no manifest error or abuse of discretion in the trial court judgment. We affirm.

         I.

         ISSUES

         In its appeal, Lanie Farms asks this court to consider:

(1) whether or not the court erred in awarding $38, 000.00 in general damages;
(2) whether or not the court erred in not awarding damages for Right of Way Mitigation Efforts in the amount of $63, 755.00;
(3) whether or not the court erred in not awarding damages for Land Leveling in the amount of $36, 750.00;
(4) whether or not the court erred in not awarding damages for Crop Damages, on the Right of Way, in the amount of $85, 121.00;
(5) whether or not the court erred in not awarding damages for Crop Damages, off the Right of Way, in the amount of $82, 608.00;
(6) whether or not the court erred in not award[ing] damages for Tissue Culture Seed Replacement in the amount of $49, 572.00;
(7) whether or not the court erred in not awarding damages for Soybean Losses in the ...

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