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LANDRY v. ST. JAMES PARISH COUNCIL

No. 05-CA-271.

917 So.2d 1175 (2005)

Judy R. LANDRY v. The ST. JAMES PARISH COUNCIL.

Court of Appeal of Louisiana, Fifth Circuit.

November 29, 2005.

Attorney(s) appearing for the Case

Daniel J. Nail, Attorney at Law, Thibodaux, Louisiana, for Plaintiff/Appellant.

C. William Belsom, Jr., Attorney at Law, Baton Rouge, Louisiana, for Defendant/Appellee.

Panel composed of Judges THOMAS F. DALEY, CLARENCE E. McMANUS, and WALTER J. ROTHSCHILD.

WALTER J. ROTHSCHILD, Judge.

Plaintiff, Judy Landry, filed the instant action against the St. James Parish Council for trespass and damages that allegedly occurred when the Parish cleared out a ditch that runs along the boundary line of plaintiff's property. Following a trial, the lower court found that the Parish had acquired a servitude of drainage for the ditch by ten years acquisitive prescription and was therefore entitled to enter plaintiff's property to maintain...

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