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TRUNK v. BERG

No. 03-CA-1120.

866 So.2d 922 (2004)

Marsha TRUNK v. Patricia Mellen BERG, Carey L. Ernst Lambert, and Mark Lambert.

Court of Appeal of Louisiana, Fifth Circuit.

January 27, 2004.

Attorney(s) appearing for the Case

Gary J. Giepert, Jack A. Ricci, Ricci & Giepert, New Orleans, LA, for Defendants-Appellants, Mark Lambert, Patricia Mellen Berg, and Carey Ernst Lambert.

Raymond B. Landry, Mollere, Flanagan & Landry, L.L.C., Metairie, LA, for Plaintiff-Appellee, Marsha Trunk.

Panel composed of Judges THOMAS F. DALEY, SUSAN M. CHEHARDY, and CLARENCE F. McMANUS.

SUSAN M. CHEHARDY, Judge.

This is a suit for declaratory judgment and injunctive relief. Defendants appeal a judgment finding that plaintiff has a servitude of passage over defendants' property and ordering defendants to remove a fence they erected on the property. We reverse.

Marsha Trunk (hereafter "Trunk") owns property at 6610-12 Bellaire Drive. She has owned the property since 1977; prior to that her father, Martial Voitier, owned it since 1958. Trunk...

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