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MILLER v. SEVEN C'S PROPERTIES, LLC

No. 01-543.

800 So.2d 406 (2001)

Pierre Valcour MILLER v. SEVEN C'S PROPERTIES, LLC, et al.

Court of Appeal of Louisiana, Third Circuit.

November 21, 2001.

Attorney(s) appearing for the Case

Pierre Valcour Miller, Metairie, LA, Pierre V. Miller, II, Patrick, Miller, Burnside & Belleau, New Orleans, LA, Counsel for Plaintiff/Appellant Pierre Valcour Miller.

William Joseph Mize, Robicheaux, Mize & Wadsack, Lake Charles, LA, Counsel for Defendants/Appellees Seven C's Properties, LLC, Boulet Family, LLC, Mary Edna Miller Stoebner, Dr. Richard C. Stoebner, Martin O. Miller, II, LLC, Marie Diane Miller, LLC, EKM, LLC.

Raymond Anthony Beyt, Beyt & Beyt, Lafayette, LA, Counsel for Defendant/Appellee Miller-Green Limited Partnership.

William S. Strain, Strain, Dennis, Mayhall & Bates, Baton Rouge, LA, Counsel for Defendants Republic Royalty Company, Lee & Hite, SASI Minerals Corporation.

Court composed of ULYSSES GENE THIBODEAUX, JIMMIE C. PETERS, and MICHAEL G. SULLIVAN, Judges.

SULLIVAN, Judge.

In this suit for declaratory judgment, a co-owner of immovable property seeks a determination that the repairs he proposes to make to the property's levee system are "necessary expenses" or "expenses for ordinary maintenance and repair" under La. Civ.Code art. 806, thereby entitling him to reimbursement from his co-owners in proportion to their share of ownership. The trial court dismissed the suit on exceptions

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