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CITY OF LAFAYETTE v. MARKS CONSTRUCTION CO., INC.

No. 5086.

317 So.2d 232 (1975)

CITY OF LAFAYETTE, Louisiana, Plaintiff-Appellant, v. MARKS CONSTRUCTION COMPANY, INC., Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied August 28, 1975.

Writ Refused October 17, 1975.

Attorney(s) appearing for the Case

Ronald J. Judice, Charles R. Keller, Lafayette, for plaintiff-appellant.

Howard W. Martin, Martin & Leonard, Lafayette, for defendant-appellee.

Before FRUGE, DOMENGEAUX and WATSON, JJ.

WATSON, Judge.

The City of Lafayette, Louisiana, filed this suit against Marks Construction Company, Inc. to enforce its liens against lots 199, 200 and 201 of Best Marks Subdivision in order to collect a sewerage assessment. The defendant-owner filed a peremptory exception urging the prescription of three years. The exception of prescription was sustained by the trial court which dismissed plaintiff's suit.

The facts were presented by stipulation. In summary...

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