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HEBERT v. WISE

No. 92 CA 2287.

666 So.2d 409 (1995)

A. Leon HEBERT, in His Capacity as Executor of the Last Will and Testament of Rena L. Pemble; H.C. McCall, III, Individually as a Legatee of Rena L. Pemble and in His Capacity as Former Curator of the Interdict, Rena L. Pemble; and London McCall, Legatee of Rena L. Pemble v. Rodney WISE; Baton Rouge Renovation Project, Inc.; Dennis Stine, in His Capacity as Commissioner of the Division of Administration of the State of Louisiana; William J. Guste, Jr., in His Capacity as Attorney General of the State of Louisiana; Ronald J. Gomez, in His Capacity as Secretary of the Department of Natural Resources of the State of Louisiana; and Elmer B. Litchfield, in His Capacity as Sheriff of East Baton Rouge Parish, Louisiana.

Court of Appeal of Louisiana, First Circuit.

December 15, 1995.

Attorney(s) appearing for the Case

Charles L. Spencer, Baton Rouge, for Plaintiffs-Appellees.

David C. Kimmel, Baton Rouge, for Defendants-Appellees Attorney General Office.

Jeffrey S. Wittenbrink, Baton Rouge, for Defendants-Appellants Rodney Wise and Baton Rouge Renovation Project, Inc.

Before LeBLANC, WHIPPLE and FOGG, JJ.

FOGG, Judge.

The issue raised on appeal in this action to annul a tax sale of immovable property is whether the trial court erred in granting the plaintiffs' motion for summary judgment and annulling the sale based on lack of notice. We reverse.

The executor of the estate of Rena L. Pemble, A. Leon Hebert, and Pemble's legatees, H.C. McCall, III, and London McCall (plaintiffs), filed suit on September 27, 1991 to annul a tax adjudication and sale of property...

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