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FOR IMMEDIATE NEWS
RELEASE
NEWS RELEASE # 33
FROM: CLERK OF SUPREME
COURT OF LOUISIANA
The Opinions handed
down on the 6th day of May, 2005 ,
are as follows:
BY TRAYLOR,
J. :
2004-C
-1297 BARRY HORNSBY AND LARRY HORNSBY v. BAYOU JACK LOGGING,
ET AL. Parish of Acadia)
Based upon the foregoing,
we reverse the court of appeal's decision affirming the award
of restoration costs in the amount of $224,000 for the Hornsbys
and in the amount of $154,000 for the Guidrys. We hold that
the appropriate award of damages in this case is three times
the fair market value of the trees cut, in accordance with
La. R.S. 3:4278.1 Thus, the Hornsbys are awarded treble damages
under La. R.S. 3:4278.1 in the amount of $31,523.67, and the
Guidrys are awarded $36,064.20.
REVERSED AND RENDERED.
CALOGERO, C.J., concurs
for reasons assigned by Weimer, J.
KIMBALL, J., dissents
and assigns reasons.
KNOLL, J., dissents
for reasons assigned by Kimball, J.
WEIMER, J., concurs
and assigns reasons.
PER CURIAM
:
2005-O
-0524 IN RE: JUDGE LEON A. CANNIZZARO, JR.
(Judiciary Commission
of Louisiana)
For the reasons assigned,
it is ordered that Judge Leon A. Cannizzaro,Jr. be publicly
censured for violating Canons 7B(1)(b), 7B(1)(c), 7D(1), and
7D(3) of the Code of Judicial Conduct(1996). Judge Leon A.
Cannizzaro, Jr. is further ordered to reimburse the Judiciary
Commission of Louisiana the sum of $809.50.
KIMBALL, J., concurs
in result and assigns reasons.
TRAYLOR, J., concurs
for reasons assigned by Kimball, J.
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