McMULLEN v. CITY OF SULPHUR

No. 03-290.

863 So.2d 698 (2003)

John C. McMULLEN and Melanie J. McMullen v. CITY OF SULPHUR.

Court of Appeal of Louisiana, Third Circuit.

December 23, 2003.


Attorney(s) appearing for the Case

David F. Dwight, Lake Charles, LA, for Plaintiffs/Appellants, John C. McMullen and Melanie J. McMullen.

Robert A. Robertson, Allen & Gooch, Lafayette, LA, for Defendant/Appellee, City of Sulphur.

Court composed of NED E. DOUCET, Chief Judge, ULYSSES GENE THIBODEAUX, SYLVIA R. COOKS, OSWALD A. DECUIR and BILLY H. EZELL, Judges.


COOKS, Judge.

This appeal arises from a dispute over the existence of a servitude over a lot located in the Forest Hills Subdivision in Calcasieu Parish. John C. McMullen and his wife, Melanie, purchased the property in question from John's father, William McMullen, and were interested in building a home on the lot. However, when they attempted to secure financing to build on the land, the lending institution informed the McMullens they would not loan any funds on...

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