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CREEL v. SOUTHERN NATURAL GAS CO.

No. 2003 CA 2761.

917 So.2d 491 (2005)

Robert T. CREEL and Linda Dubroc Creel v. SOUTHERN NATURAL GAS COMPANY and C.L. Sloan Engineering, Inc.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied December 22, 2005.

Attorney(s) appearing for the Case

Jacques F. Bezou, Covington, Counsel for Plaintiff/Appellee Robert T. Creel and Linda Dubroc Creel.

Grady S. Hurley, The Woodlands, TX, Counsel for Defendant/Appellant Southern Natural Gas Company.

Trudy H. Oppenheim, New Orleans, Counsel for Defendant C.L. Sloan Engineering, Inc.

Before: GUIDRY, PETTIGREW, and GAIDRY, JJ.

GAIDRY, J.

In this litigation involving an encroaching building on a recorded right-of-way, the trial court entered judgment in favor of the encroaching servient estate and awarded monetary damages, and the dominant estate appeals. We affirm in part and reverse in part.

FACTS AND PROCEDURAL HISTORY

On November 19, 1998, Robert and Linda Creel entered into an Act of Sale to purchase 3.38 acres of land on...

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