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TOURNILLON v. SEWERAGE AND WATER BD.

No. 96-CA-1457.

689 So.2d 655 (1997)

Mr. & Mrs. Octave J. TOURNILLON & Mr. and Mrs. Ramon G. Jones v. SEWERAGE AND WATER BOARD OF NEW ORLEANS.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied April 25, 1997.

Attorney(s) appearing for the Case

Dan A. Smetherman, Bruce J. McConduit, New Orleans, for Plaintiffs/Appellants.

John D. Lambert, Jr., Special Counsel, Gerard M. Victor, Assistant Special Counsel, Sewerage and Water Board of New Orleans, New Orleans, for Defendant/Appellee.

Before BARRY, PLOTKIN and MURRAY, JJ.

PLOTKIN, Judge.

In this appeal, we consider whether the Sewerage and Water Board's acts on the appellant's property exceed those permitted under a servitude granted to the Board by the present owners' predecessors in title. Finding no genuine issues of material fact and that the trial judge was correct in finding that the Board's acts are permitted under the servitude, we affirm the trial judge's grant of summary judgment for the Board.

On January 16, 1967...

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