HOWARD v. PARISH OF JEFFERSON

No. 03-CA-482.

857 So.2d 1203 (2003)

Harry T. HOWARD, III, Jarrell E. Godfrey, Jr., Delores Mason Smith, Elizabeth Mason Smith Purcell, Macy O. Teetor, II, Marguerite Pringle Teetor, and Twydor Castle, L.L.C. v. PARISH OF JEFFERSON and the Fourth Jefferson Drainage District.

Court of Appeal of Louisiana, Fifth Circuit.

September 30, 2003.


Attorney(s) appearing for the Case

David R. Sherman, Alvin A. LeBlanc, Jr., Chehardy, Sherman, Ellis, Breslin, Murray & Recile, Metairie, LA, for plaintiffs-appellees.

Thomas G. Wilkinson, Robert S. Hinyub, Jr., Scott C. Dusang, Harahan, LA, for defendants-appellants.

Panel composed of Judges EDWARD A. DUFRESNE, JR., CLARENCE E. McMANUS and WALTER J. ROTHSCHILD.


CLARENCE E. McMANUS, Judge.

At issue in this appeal is whether defendants' acts on plaintiffs' property exceed a 1958 servitude granted to defendants by plaintiffs' predecessors in title. For the following reasons, we affirm the trial court's judgment.

FACTS AND PROCEDURAL HISTORY

On November 10, 1958, plaintiffs' predecessors in title entered into a servitude with the Jefferson Parish Fourth Jefferson Drainage District as follows:

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