Expropriation and Constitutional Issues - NOEHA v. Missouri Pacific
Mr. Cherry obtained reversal of 100 years of contrary Louisiana precedent by requiring a valuation date in "regular" expropriations no earlier than as of the date of trial based upon federal and state constitutional guarantees, thus allowing recovery of tremendous appreciation in value occurring after the suit was filed. As a result, the landowner client received via Mr. Kerrigan's and Mr. Cherry's efforts, a jury valuation of approximately $9 million greater than the $4 million the expropriating agency sought to pay. NOEHA v. Missouri Pacific, 625 So.2d 1070 (La. App. 4th Cir. 1993), writ denied (La. 1994). In February of 1996, he tried a claim for attorney's fees and costs and received $3.36 million additional recovery for clients, and establishing a new constitutional measure for recovery of costs and fees for landowners.