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GRIFFITH v. CATHEY

No. 99-923.

762 So.2d 29 (2000)

Hillard & Linda Sue GRIFFITH, Plaintiffs-Appellants, v. Conrad and Judy Wright CATHEY, et al. Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Opinion Granting Rehearing May 24, 2000.

Attorney(s) appearing for the Case

William P. Crews, Natchitoches, LA, Counsel for Plaintiffs/Appellants, Hillard & Linda Griffith.

Robert W. Thomas, Lake Charles, LA, Counsel for Defendants/Appellees, Conrad & Judy Cathey and Westwind Estates, et al.

Don M. Burkett, District Attorney, Many, LA, Counsel for Defendant/Appellee, Sabine Parish Police Jury.

BEFORE DOUCET, C.J., THIBODEAUX and DECUIR, Judges.

THIBODEAUX, Judge.

This case involves the legal status of a segment of a paved road in Sabine Parish. Plaintiffs, Hillard and Linda Sue Griffith, seek to have the road declared their private property free of all servitudes. The Catheys claim a predial servitude of passage over the road traversing the Griffiths' property. The trial court found that the road was privately owned by the Griffiths but had become subject to use...

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