Owens & Sons, Inc. v. Casey

hMURRAY, Judge.

This appeal from the First City Court involves a seldom utilized doctrine asserted in a unique factual situation. The issue before us is whether the “abuse of rights” doctrine is applicable to a situation in which a landlord is allegedly being used as the instrument of another who seeks to deny a tenant’s due process rights.

BACKGROUND:

The facts are fairly simple and, for the most part, undisputed. Sometime in the 1970s Salvadore Pappalardo and Fred Casey entered into an agreement whereby Mr. Casey would operate K.C. Landfill (K.C.) on Mr. Pappalardo’s property in New Orleans…