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WORTHEN v. DELONG

No. 99 CA 1149.

763 So.2d 820 (2000)

Mark S. WORTHEN and Helen L. Worthen v. Charles DeLONG, Junalise Delong, and City/Parish of East Baton Rouge.

Court of Appeal of Louisiana, First Circuit.

June 23, 2000.

Attorney(s) appearing for the Case

Brett Furr, Baton Rouge, Counsel for Appellant—Mark and Helen Worthen.

Charles A. Schutte, Jr., Baton Rouge, Counsel for Appellee—Charles and Junalise DeLong.

Larry Book, Baton Rouge, Counsel for Appellee—City of Baton Rouge Parish of East Baton Rouge.

Before: THIBODEAUX, SAUNDERS and AMY Judges Pro Tempore by special appointment of the Louisiana Supreme Court.

AMY, Judge Pro Tem.

The defendants/landowners sought to build a fence on a parcel of property that had been dedicated to the city of Baton Rouge as a public right-of-way. The plaintiffs, owners of certain tracts of land which adjoin the right of way, filed suit against the defendant seeking a judgment declaring that the right-of-way in favor of the city was still in effect, enjoining the defendants from continuing any further construction of a fence in the right-of...

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