Restaurant owners brought action against state for inverse condemnation, alleging that their restaurant property was commandeered/taken by executive order of the Governor for a flood control project after Hurricane Katrina.
Following bench trial for compensation, the District Court entered judgment in favor of restaurant owners for approximately $2.02 million and a separate judgment for attorney fees of approximately $850,000. State moved for suspensive appeal, and owners and estate answered appeal.
The Court of Appeal held that:
- Amendment to eminent domain provision of state constitution and statute did not apply retroactively;
- Owners were not entitled to an award of damages for mental anguish;
- Trial court did not abuse its discretion in awarding ten years of economic damages;
- Interest was due from the date the state took the restaurant’s land;
- Owners were not entitled to recover attorney fees that they incurred in related federal litigation; and
- Owners were not entitled to recover appellate attorney fees.