MELANCON v. GIGLIO

No. 96 CA 2507.

712 So.2d 535 (1998)

Carl MELANCON and Peggy Melancon v. Charles GIGLIO, S.P. Larussa, and Westgate Development, Inc.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied June 24, 1998.


Attorney(s) appearing for the Case

Robert B. Butler, III, Houma, for Plaintiffs-Appellants Carl and Peggy Malancon.

Julius P. Hebert, Jr., Hebert & Marceaux, Houma, for Defendant-Appellee Westgate Development, Inc.

Before GONZALES and PARRO, JJ., and TYSON, J. Pro Tem.


PARRO, Judge.

This case involves a dispute over the construction of a private driveway by the plaintiffs across property which is subject to a servitude of public passage. The plaintiffs have appealed the trial court judgment dismissing their petition for declaratory judgment and injunctive relief. For the following reasons, this court reverses and renders.

Facts and Procedural History

Carl and Peggy Melancon purchased lot 20 in Hollywood Industrial...

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