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CENAC v. PUBLIC ACCESS WATER RIGHTS ASS'N

No. 2002-C-2660.

851 So.2d 1006 (2003)

Arlen B. CENAC, Jr. v. PUBLIC ACCESS WATER RIGHTS ASSOCIATION, Jaromy Davaine, John King, Oray Savoie, Jr., Spence Cressionie, Andy Leboef, Gerald Matherne, Bryan Dufrene, Corky Dufrene, Robert Dufrene, Joe Toups, Billy Cressionie, Sr., Billy Cressione, Jr., Norris Sampay, Dally Breaux, Jr., Dean Breaux, Anthony ('Lil Tony') Martinez, Cody Martinez and Ron Oncale. Melva Cressionie v. Arlen B. Cenac, Jr.

Supreme Court of Louisiana.

June 27, 2003.

Attorney(s) appearing for the Case

Timothy C. Ellender, Jr., Conrad S.P. Williams, III, St. Martin & Williams, Houma, Counsel for Applicant.

C. Berwick Duval, II, Hon. Harry T. Lemmon, Clayton E. Lovell, William S. Watkins, Houma, Counsel for Respondent.

Burton P. Guidry, Slaughter, Hon. Richard P. Ieyoub, Attorney General, Counsel for Department of Justice, Attorney General, and State of Louisiana (Amicus Curiae).

Newman Trowbridge, Jr., Charles D. Marshall, Jr., David N. Schell, Jr., New Orleans, Counsel for Louisiana Landowners Association and Louisiana Land & Exploration Company (Amicus Curiae).

KIMBALL, Justice.*

In this case, we are asked to determine whether a privately owned boat launch and navigable canal have been impliedly dedicated to public use such that the property is now burdened with a servitude of use in favor of the public. After considering the evidence presented at trial, we conclude the evidence establishes only that the property has been used for a long period of...

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