LANIE FARMS, INC.
CLECO POWER, LLC, ET AL.
FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF
LAFAYETTE, NO. C-2011-6019, DIVISION "D" HONORABLE
EDWARD D. RUBIN, DISTRICT JUDGE.
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.
A. Tabb COUNSEL FOR: Plaintiff/Appellant - Lanie Farms, Inc.
composed of Ulysses Gene Thibodeaux, Chief Judge, Shannon J.
Gremillion, and Candyce G. Perret, Judges.
ULYSSES GENE THIBODEAUX CHIEF JUDGE.
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.
reviewing the record evidence, we find no manifest error or
abuse of discretion in the trial court judgment. We affirm.
appeal, Lanie Farms asks this court to consider:
(1) whether or not the court erred in awarding $38, 000.00 in
(2) whether or not the court erred in not awarding damages
for Right of Way Mitigation Efforts in the amount of
(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
(7) whether or not the court erred in not awarding damages
for Soybean Losses in the ...