 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Lodestro Co. v. City of Shreveport9/27/2000
This is an inverse condemnation action by Lodestro Company for damages allegedly sustained as a result of Streetscape, a project to revitalize and renovate the streets and infrastructure of downtown Shreveport. Lodestro Company appeals the denial of its claim for damages against the City of Shreveport (hereinafter the "city"). We affirm.
FACTS
Lodestro Company was a men's clothing store owned by Joseph D. Lodestro and Sally Crocker Lodestro at 421 Texas Street in downtown Shreveport. Lodestro Company was in operation from 1979 until December 31, 1993, when it closed its doors after a liquidation sale of its inventory. The Lodestros and Lodestro Company filed suit against the city and Roxco, Ltd., ("Roxco"), a construction corporation hired by the city to perform the Texas Street portion of Streetscape, alleging that the construction activities and various obstructions encountered along Texas Street and in front of the store made it virtually impossible for customers to gain access to the store. Lodestro Company alleged that it had a special right of easement to the portion of Texas Street fronting the store and that the city, through Streetscape, expropriated its property right without payment of due compensation.
Streetscape began with a Notice to Proceed on September 28, 1992 and continued into late 1994. The city contracted with Roxco for performance of the Texas Street portion of the project at a cost of $4,330,575. Work to be performed by Roxco included the installation of new water, sewerage and drainage facilities, the widening of the sidewalks, and the addition of new paving on the street and sidewalks. Other improvements under Streetscape included new street lamp posts, parking meters, mast arms for the traffic signals, new fiber optic cables, and the addition of trees and artwork for the beautification of the downtown area. The cost of Streetscape was funded by a bond issue approved by voters in Shreveport. On behalf of the city, Mark Jusselin, a civil engineer with NTB, Inc., served as a link to the businesses and property owners downtown. Jusselin observed the progress of the project on a daily basis, addressed complaints and concerns by the businesses affected by the project, and provided information on the progress of the project.
Roxco began its work on the 400 block of Texas Street in October 1992 by removing the old pavement on the street and digging a trench along the street in preparation for the installation of a storm drainage system. The construction area included the parking lane on the south side of Texas Street to the existing south curb and gutter. Because of this work, Lodestro Company's customers were no longer able to drive directly up to the entrance of the store. However, the entrance remained accessible along the twelve foot wide sidewalk and could be reached by walking from either end of the 400 block. Lodestro Company made requests for a walkway over the construction area between the street and sidewalk for direct access to the entrance from Texas Street, but the city denied the requests in written responses on November 4, 1992 and March 25, 1993 on the basis that a walkway from the street would pose a safety hazard. The city explained that a walkway, other than those provided at the intersections of the block, would pose a safety concern to pedestrians who might try to cross between the intersections and would encourage motorists to stop and block the lanes of travel along Texas Street. In August 1993, after completing the installation of the storm drainage system and in order to begin the sidewalk reconstruction, Roxco removed a portion of the sidewalk leaving only a four foot sidewalk with a wooden handrail and placed concrete barr
Page 1 2 3 4 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|