Legal Opinion · Dissent

Richland Parish Police Jury v. Debnam

Louisiana Court of Appeal

Decided April 18, 2012No. 47,159-CAPublished

1DissentStewart, J.

hBecause I would reverse that part of the judgment ordering the defendants to remove the obstructions that block the natural drain of Cypress Creek across their property, or authorizing the Richland Parish Police Jury to do so, I disagree with the majority’s determination that the trial court did not err in granting this preliminary injunctive relief.

Issuance of a mandatory preliminary injunction requires the party seeking the injunction to prove entitlement to such relief by a preponderance of the evidence at an evidentiary hearing. City of New Orleans v. Board of Directors of Louisiana…

2Cases cited8 opinions

  1. City of New Orleans v. Bd. of Dir. of State MuseumSupreme Court of Louisiana · 1999
  2. Concerned Citizens v. Parish of TangipahoaLouisiana Court of Appeal · 2005
  3. Denta-Max v. Maxicare Louisiana, Inc.Louisiana Court of Appeal · 1996
  4. Kliebert Educ. Trust v. Watson Marines Serv., Inc.Louisiana Court of Appeal · 1984
  5. Werner Enterprises, Inc. v. Westend Development Co.Louisiana Court of Appeal · 1985

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