Legal Opinion
Welch v. Planning & Zoning Commission of East Baton Rouge Parish
Louisiana Court of Appeal
Decided April 26, 2017No. NUMBER 2016 CA 0253PublishedCited by 3 opinions
1Opinion of the CourtWhipple, C.J.
I gThis appeal arises from a possessory action brought by neighboring property owners to enforce their rights to a conventional servitude of passage. Following a trial, the trial court rendered judgment, dismissing plaintiffs’ claim with prejudice and denying plaintiffs’ requests for a permanent injunction and damages. From this judgment, plaintiffs appeal. For the following reasons, we reverse and render judgment in favor of plaintiffs, and remand the matter for a determination of damages.
FACTUAL AND PROCEDURAL BACKGROUND
On July 30, 2009, a judgment of possession was rendered in the…
2Cases cited11 opinions
- Ogden v. BankstonSupreme Court of Louisiana · 1981
- Dupont v. HebertLouisiana Court of Appeal · 2008
- State v. CarpenterLouisiana Court of Appeal · 2000
- Hymel v. St. John the Baptist Parish School BoardLouisiana Court of Appeal · 1975
- Welch v. East Baton Rouge Parish Metropolitan CouncilLouisiana Court of Appeal · 2011
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