Legal Opinion · Dissent

Kavanagh v. Bowers

Louisiana Court of Appeal

Decided June 26, 2002No. 02-CA-248Published

1Dissent

| TDALEY, J.,

Dissenting:

I respectfully disagree with the majority opinion. I would vacate the judgment of the trial court and remand this matter to the trial court because the adjacent property owners of Square 50, Lots 25-30, along with the Parish of Jefferson, are indispensable parties whose participation is necessary in order to determine whether or not the 24th Street right of way is available to the plaintiff to access a public road.

The parties stipulated that:

3. Kavanagh Property 2 abuts the remaining portion of the 24th Street right of way which runs out to Causeway Boulevard (“24th…

2Cases cited2 opinions

  1. Cobb v. McCartLouisiana Court of Appeal · 1985
  2. Boutte Assembly of God, Inc. v. ChampagneLouisiana Court of Appeal · 2000

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