Boe v. Lake Forest, Inc.

REDMANN, Judge.

We granted certiorari on a refusal of summary judgment to dismiss a petitory action because not brought against one “who is in possession or who claims the ownership” of land, La.C.C.P. 3651, on defendant subdivider’s representation that it neither possesses nor claims.

On a prior application in this case seeking review of judgment dismissing exceptions we pointed out that the exception of no cause of action could not present defendant’s factual position, although a motion for summary judgment could.

Summary judgment, however, is obtainable only on a showing of no genuine issue…