Todd v. State ex rel. Department of Natural Resources

CALOGERO, Justice.

The troubling issue in this case, whether a possessory action may be brought against the State of Louisiana, has produced contrary opinions in this Court originally and on first rehearing. Plaintiffs, who won in the lower courts, and who with minor exceptions prevailed in this Court on original hearing, only to lose on first rehearing, were granted a rehearing by this Court, the first that they have had reason to seek.1

In an opinion written for the Court by this same author, rendered on November 28, 1983, we determined that a possessory action may be maintained against the…