Legal Opinion

Schwegmann Family Trust No. 2 v. White III, LLC

Louisiana Court of Appeal

Decided September 30, 2011No. 2011-C-0611PublishedCited by 7 opinions

1Opinion of the Court

PAUL A. BONIN, Judge.

_JjSchwegmann Family Trust No. 2 filed suit against White III, LLC in order to obtain a judicial declaration that a building restriction which prohibited the operation of a grocery store on the Trust’s property had terminated. White is the owner of the property benefitted by the restriction and has the exclusive right to enforce the restriction.1 Arguing that there are no genuine issues of material fact, the Trust filed *1230a motion for summary judgment. The trial judge denied the motion, and the Trust sought supervisory relief. We directed that the entire record be filed in…

2Cases cited14 opinions

  1. Independent Fire Ins. Co. v. Sunbeam Corp.Supreme Court of Louisiana · 2000
  2. Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc.Supreme Court of Louisiana · 1981
  3. Jones v. Estate of SantiagoSupreme Court of Louisiana · 2004
  4. Hood v. CotterSupreme Court of Louisiana · 2008
  5. St. Charles Parish School Bd. v. GAF Corp.Supreme Court of Louisiana · 1987

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3Cited by7 opinions

  1. Hyman v. PuckettLouisiana Court of Appeal · 2016
  2. Camillus Specialty Hospital, L.L.C. v. RiccioLouisiana Court of Appeal · 2014
  3. Armstrong ex rel. R.D. v. JohnsonLouisiana Court of Appeal · 2012
  4. Hunter v. R.J. Reynolds Tobacco Co.Louisiana Court of Appeal · 2012
  5. Hon. Robert E. Jones, III, Administrative Judge, and Hon. Paul N. Sens, Hon. Charlene Larch Mason, Hon. Mark J. Shea, Hon. Bobbie Smith, Hon. Joseph B. Landry and Hon. Steven M. Jupiter, in Their Capacities as the Judges of the Municipal and Traffic Court of New Orleans v. Amy Trepagnier, in Her Capacity as Director of Personnel of the City of New Orleans, and the Civil Service Commission for the City of New OrleansLouisiana Court of Appeal · 2026

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