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SUPREME COURT OF LOUISIANA
No. 98-C-1981 c/w 98-C-2024 HOUSTON R. WILLIAMS, ET AL. Versus CITY OF BATON ROUGE, PARISH OF EAST BATON ROUGE, ET AL. consolidated with JOHN RABY, ET AL. versus CITY OF BATON ROUGE, PARISH OF EAST BATON ROUGE, ET AL. ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF EAST BATON ROUGE VICTORY, J.* We granted these writs to determine the extent to which the City of Baton Rouge/Parish of East Baton Rouge (the "City/Parish") is liable for digging three drainage ditches on plaintiffs' property without their consent and to determine whether the City/Parish's liability for damages is covered under its excess insurance policy which contains an intentional act exclusion. After reviewing the record and the applicable law, we find that the City/Parish committed a trespass onto plaintiffs' land and is liable for damages, albeit in a lesser amount than the lower courts awarded, and that the City/Parish committed an "intentional act" and thus its excess insurance carrier is not liable. FACTS AND PROCEDURAL HISTORY The Gage, Raby, and Williams families own three adjoining tracts of land on Staring Lane in Baton Rouge. The Gage and Williams properties have a few houses on them and the Raby property has a small motel on it, but otherwise, the property is
*

Traylor, J., not on panel. Rule IV, Part 2,

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