In this expropriation proceeding, both the landowner and the Lafayette City-Parish Consolidated Government (LCG) appeal multiple rulings from the trial court, which dismissed the expropriation petition, reserved the landowners claims for attorneys fees and damages, and omitted an award of costs to the landowner, Bendel Partnership, A Partnership in Commendam (Bendel). LCG also filed a writ application, which was granted for the limited purpose of ordering the consolidation of the writ application with LCGs pending appeal. Lafayette City-Par. Consol. Govt v. Bendel Pship, 22-406 (La.App. 3 Cir. 7/25/22) (unpublished writ decision). For the reasons expressed in Lafayette City-Parish Consolidated Government v. Bendel Partnership, 22-432 (La.App. 3 Cir. ___/___/22), ___ So.3d ___, we find no manifest error in the trial courts granting the motion to dismiss. However, we vacate the trial courts May 26, 2022 judgment and reinstate the May 4, 2022 judgment and amend it to include the following language: “Bendel Partnerships rights regarding any claims for attorneys fees and/or damages are hereby reserved.” The matter is remanded for further proceedings consistent with this opinion. The Lafayette City-Parish Government is cast with all costs of this appeal.
JUDGMENT VACATED; ORIGINAL JUDGMENT REINSTATED AND AFFIRMED AS AMENDED; AND REMANDED.
WILSON, Judge.