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6444 ASSOCIATES, L.L.C. v. CITY OF BATON ROUGE

No. 2002 CA 1779.

851 So.2d 1169 (2003)

6444 ASSOCIATES, L.L.C. v. CITY OF BATON ROUGE, et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied August 25, 2003.

Attorney(s) appearing for the Case

J. Kenton Parsons, Terri M. Collins, Baton Rouge, Counsel for Plaintiff/Appellee 6444 Associates, L.L.C.

Leo J. D'Aubin, Baton Rouge, Counsel for Defendant/Appellant City of Baton Rouge & Parish of East Baton Rouge.

Before: FOIL, McCLENDON, and KLINE, J.J.

McCLENDON, J.

By this appeal, the City of Baton Rouge, Parish of East Baton Rouge ("City-Parish") challenges the trial court's determination that its rights with respect to a certain section of Ward's Creek are limited to a servitude of drainage. For the following reasons, we affirm the judgment of the trial court.

On August 3, 1956, Howard and Eleanor Witter granted the City-Parish a "right-of-way for drainage and drainage maintenance purposes" over a certain...

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