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DANIEL v. OLSAVICK

No. 2000 CA 2910.

807 So.2d 1186 (2002)

Allen DANIEL and Gloria Daniel v. Frederick OLSAVICK, Margaret Olsavick, Darron Hedges, Karen Hedges, Samual Femia, Donna Femia, Steven Dupuy, Floyd Prejean, Kathy Prejean, Teddy David, Jeanne David, Harold Prejean, Julia Prejean, David Prejean, Susanne Prejean, Travis Prejean, Carol Prejean, Stephen Jackson, Trudy Jackson, Michael Behrnes, Carolyn Behrnes.

Court of Appeal of Louisiana, First Circuit.

February 15, 2002.

Attorney(s) appearing for the Case

Jerry J. Guillot, Baton Rouge, for Appellants Plaintiffs Allen Daniel and Gloria Daniel.

William T. Kleinpeter, Baton Rouge, for Appellees Frederick Olsavick, Margaret Olsavick, Darron Hedges, Karen Hedges, Samuel Femia, Donna Femia, Steven Dupuy, Floyd Prejean, Kathy Prejean, Teddy David, Jeanne David, Harold Prejean, Julia Prejean, David Prejean, Susanne Prejean, Travis Prejean, Carol Prejean, Stephen Jackson, Trudy Jackson, Michael Behrnes, Carolyn Behrnes.

Before: FOIL, PETTIGREW and KLINE, JJ.

FOIL, J.

This appeal challenges the dismissal of a suit contesting the applicability of certain subdivision restrictions. We reverse.

DISCUSSION

The facts forming the basis of this appeal are not in dispute, and the case was submitted to the trial court on the record and briefs of counsel. Those facts can be summarized as follows: In March of 1976, the owners of a tract of land containing 17.03 acres located in the Town of Addis had a map prepared...

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