KIZER v. LILLY

No. 84-CC-1509.

471 So.2d 716 (1985)

Goldie Hause KIZER v. Fred LILLY, Jr.

Supreme Court of Louisiana.

Dissenting Opinion June 25, 1985.

Rehearing Denied September 9, 1985.


Attorney(s) appearing for the Case

Ronald C. Kizer, Ronald C. Kizer, Jr., Kizer & Kizer, Baton Rouge, Richard Kilbourne, Clinton, for relators.

Ronald G. Coleman, Walton J. Barnes, Law Offices of Walton J. Barnes, Baton Rouge, for respondent.


WATSON, Justice.

Plaintiff, Goldie Hause Kizer, brought this possessory action, alleging possession of a servitude of passage on a twenty foot gravel roadway1 located on the northwestern boundary of land owned by defendant, Fred Lilly, Jr. According to her petition, the road offered Kizer's estate its "only access to a public highway," Louisiana Highway 412, and Lilly disturbed her use of the servitude by erecting a fence at the junction...

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