LaRUE v. CROWN ZELLERBACH CORP.

No. 86 CA 0195.

512 So.2d 862 (1987)

Robert E. LaRUE, et al. v. CROWN ZELLERBACH CORPORATION, Lonnie Massey and Marjorie Margaret Cherniak.

Court of Appeal of Louisiana, First Circuit.

Dissenting Opinion June 29, 1987.

Rehearing Denied September 2, 1987.

Writ Denied November 20, 1987.


Attorney(s) appearing for the Case

Thomas J. Hogan, Jr., Greensburg, for Robert LaRue, et al.

Duncan S. Kemp, III, Hammond, for Lonnie Massey.

Charles Hughes, Jr., Bogalusa, for Crown Zellerbach.

Anthony Rollo, New Orleans, for Marjorie Cherniak.

Before LOTTINGER, EDWARDS, WATKINS, CARTER and LeBLANC, JJ.


EDWARDS, Judge.

The issue in this case is whether landowners in a subdivision subject to a restrictive covenant have a right and cause of action against the timber cutter and the corporation who bought the timber when it was cut down in violation of the covenant. We hold that they do not.

FACTS

Plaintiffs and defendant Marjorie Cherniak are neighboring landowners in the Whispering Pines Subdivision in St. Helena Parish. Their land is subject to a...

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