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AUCOIN v. FELL

No. 00-1254.

779 So.2d 1087 (2001)

Randy James AUCOIN v. John Ellis FELL, III, et al.

Court of Appeal of Louisiana, Third Circuit.

February 7, 2001.

Attorney(s) appearing for the Case

Byron P. Guillory, Attorney at Law, Lafayette, LA, Counsel for: John Ellis Fell, III, Jack Montouchet.

Trent John Gauthier, Attorney at Law, Lafayette, LA, Counsel for: Randy James Aucoin.

Court composed of Judge THIBODEAUX, Judge PETERS, and Judge PICKETT.

PICKETT, J.

FACTS

Randy James Aucoin filed a Petition for Declaratory Judgment seeking to have the court recognize a "general utility easement, right of way, etc." on the property of John Ellis Fell, III, and Jack Montoucet in favor of his property. Messrs. Fell's and Montoucet's property is adjacent to Mr. Aucoin's property. Pursuant to a document titled "Servitude of Passage," Mr. Aucoin has a right of passage over the property of Mr. Fell and Mr...

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