
    Henry T. DONOHOE, et ux. v. STATE of Louisiana through DEPARTMENT OF HIGHWAYS et al., City of Pineville.
    No. 64097.
    Supreme Court of Louisiana.
    March 23, 1979.
   In re Henry T. Donohoe, et ux., applying for writ of certiorari, Third Circuit Court of Appeal. Parish of Rapides. Court of Appeal No. 6652. 366 So.2d 598.

Writ denied.

SUMMERS, C. J., would grant the writ.

TATE, J.,

would grant the writ. The governmental authorities are not entitled to appropriate an owner’s land without a writing or an expropriation proceeding. The land owner is entitled to an injunction to remove the illegal trespass on his land.

DIXON, J.,

concurs in the denial because the result would have been the same if defendant had reconvened and expropriated the servitude involved.  