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Catahoula Jury Awards More Than 2.1 Million in Judgments

Saturday, July 17, 2010 - David W. Ryan

After five grueling days of testimony a six member jury deliberated 2:39 minutes before returning their verdict in a two year old case involving the State of Louisiana Department of Transportation expropriation against three Jonesville business owners.

At 6:42 Friday evening Jury foreman Carlene Littleton handed over the jury’s verdict form to Deputy Clerk of Court Jana Miller who read the verdict. Triangle (Triangle) Properties LLC, owned by Myrtle Ann Collins was awarded $327,000 for the building and land already demolished to make way for the Little River Bridge approach. Triangle also received $320,000 for loss of income resulting from the Highway 84 construction. Triangle owns the property and building where XpressMart Exxon/Subway is located.

CCI Management (CCI) owner David McMillin was awarded $900,000 for loss of income from Highway 84 construction for XpressMart Exxon/Subway, and WB McCartney (McCartney) was awarded $571,000 for loss of income from Highway 84 construction for fuel sales at XpressMart Exxon.

However, the verdict did not come easy as the jury broke from deliberation and returned to the courtroom to speak with Pro Tem District Judge Glenn Strong. It was the jury’s position they might not be able to render a decision on the CCI and McCartney question due to insufficient information.

Judge Strong told the jurors they needed at least five votes on each question and if they could not then he would have to declare a mistrial but only on the questions the jury did not reach a 5-1 or 6-0 ruling.

Just over 45 minutes later the jury returns a 6-0 count on Triangle’s two questions, and CCI. McCartney's passed 5-1.

The State's attack primarily focused on CCI and McCartney as State Attorney Bernard Knobloch admitted some loss of revenue and stated, "Sales are down but they are still selling."

Knoblauch argued hard that unless the businesses were forced to close there should be no payment for loss revenue. He also continued to point out the State had offered “cures” that including adding a third driveway for the property for better access.

The word “cures” was used as a way to fix problems with the State’s current construction plan at the property with drainage or driveways.

Knoblauch also argued the trio's numbers – as in gross and net revenues – were inconsistent and attacked the group’s economist Dr. Boudreaux who formulated the loss of the revenue. However, the State was hurt when they failed to hire an economist to refute Dr. Boudreaux's findings.

"While all these guys out here (State expert witnesses) are reciting from the book," CCI attorney Russell Purvis told the Jury, "Dr. Boudreaux, literally, wrote the book (on economic statics and formulas)."

Purvis shot down the State’s “cures” easily as he recounted testimony over and over from the State’s own witnesses that said the “cures” would not be enough and were “partial cures” at best.

Before leaving the courtroom, the conversation immediately turned to whether the State would appeal the verdict?

“I don’t think they will,” Triangle attorney JW Siebert noted in passing. “If they do, I don’t think it will be on our part.”

Siebert did go on to say the State and their attorney had at least 75 days to get the appeal into the system.

“I have felt good about our case all along,” said CCI owner David McMillin, “I don’t think there’s any doubt they (DOTD) caused us a severe loss in revenue from not only the construction but the length of time. It’s ridiculous.”

 

 

 

 


 

 

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