Legal Opinion

Himel v. Bourque

Louisiana Court of Appeal

Decided December 11, 2015No. 2014 CA 1811PublishedCited by 5 opinions

1Opinion of the Court

McDonald, j.

I'aThis is an appeal from a judgment declaring a predial servitude to have been dedicated to public use and granting a landowner full access to his property from that predial servitude. For the following reasons, we amend'the judgment in part and affirm. '

FACTUAL AND PROCEDURAL BACKGROUND

In 1992,- owners of unimproved property in Ascension Parish, Louisiana, executed an agreement to establish a forty-foot wide servitude of passage basically, running ¡north-south from Louisiana Highway 74, consisting in relevant part of “the east twenty (20) feet of Lots 1, 2, and 3[,] and the west…

2Cases cited9 opinions

  1. O.K. Realty Co. v. John A. Juliani, Inc.Louisiana Court of Appeal · 1924
  2. Pioneer Production Corp. v. SegravesSupreme Court of Louisiana · 1976
  3. Melancon v. GiglioLouisiana Court of Appeal · 1998
  4. Lincoln Parish Police Jury v. DavisLouisiana Court of Appeal · 1990
  5. Moret v. WilliamsLouisiana Court of Appeal · 1991

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3Cited by5 opinions

  1. Pierce v. McCoyLouisiana Court of Appeal · 2016
  2. Gerald Wayne Mizell and Pamela Mizell Helton v. Bobby Joe Willis and James E. WillisLouisiana Court of Appeal · 2021
  3. Luke J. Grezaffi v. Paul Bryan Carroll and Mikki Gremillion CarrollLouisiana Court of Appeal · 2023
  4. Parish Of St. James v. BellangerLouisiana Court of Appeal · 2018
  5. Parish Of St. James v. BellangerLouisiana Court of Appeal · 2018

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