Legal Opinion

Elston v. Montgomery

Louisiana Court of Appeal

Decided May 18, 2011No. 46,262-CAPublishedCited by 13 opinions

1Opinion of the CourtMoore, J.

| ¶Dean and Ashley Elston and D.A. Ri-chlen Corporation, owners of enclosed estates in Bossier Parish, appeal a judgment which granted only in part their request to enforce a conventional servitude, rejected their claim for a wider legal servitude, and ordered the Elstons, Richlen and Mike Montgomery, the owner of the servient estate, to pay 1/3 each the cost of repairing the existing servitude. For the reasons expressed, we amend the judgment to set the cost of repair at the amount proved at trial, $29,700, with legal interest from date of judicial demand, but in all other respects we affirm.

2Cases cited23 opinions

  1. Rando v. Anco Insulations Inc.Supreme Court of Louisiana · 2009
  2. Campbell v. MeltonSupreme Court of Louisiana · 2002
  3. Prejean v. GuillorySupreme Court of Louisiana · 2010
  4. Hensarling v. HensarlingMississippi Supreme Court · 2002
  5. Rockholt v. KeatySupreme Court of Louisiana · 1970

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3Cited by13 opinions

  1. Morris, Lee & Bayle, LLC v. MacquetLouisiana Court of Appeal · 2016
  2. Kimsey v. National Automotive Insurance Co.Louisiana Court of Appeal · 2014
  3. Dean v. State Farm Mutual Automobile Insurance Co.Louisiana Court of Appeal · 2017
  4. Phillips Energy Partners, LLC v. Milton Crow Ltd. PartnershipLouisiana Court of Appeal · 2015
  5. Cameron v. BruceLouisiana Court of Appeal · 2012

8 more not listed; retrieve them via the Exa API.

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