Bayou Fleet Partnership v. Saia

h GRISBAUM, Judge.

Home Place Batture Leasing, Inc., inter-venor-appellant, appeals the trial court’s judgment ordering partition by licitation of a commonly owned tract of land. We reverse and remand.

ISSUE

The ultimate issue is whether the property in question should be partitioned in kind or by licitation.

FACTS AND PROCEDURAL HISTORY

In 1993, the plaintiff, Bayou Fleet Partnership (hereinafter Bayou Fleet), purchased a two-thirds © interest in a certain portion of batture land fronting on the Mississippi River in Hahnville, Louisiana.1 The remaining one-third © of 12the property was owned by…