RCC PROPERTIES v. WENSTAR PROPERTIES

No. 40,996-CA.

930 So.2d 1233 (2006)

RCC PROPERTIES, L.L.C., Plaintiff-Appellee, v. WENSTAR PROPERTIES, L.P., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

June 5, 2006.


Attorney(s) appearing for the Case

Snellings, Breard, Sartor, Inabnett & Trascher, L.L.P. by Clara Moss Sartor Wendy E.W. Giovingo, for Appellant.

Hudson, Potts & Bernstein, L.L.P. by William Craig Henry, Counsel for Appellee.

Before PEATROSS, DREW and MOORE, JJ.


DREW, J.

Wenstar Properties, L.P., appeals from a judgment invalidating a predial servitude in favor of an estate owned by Wenstar. We reverse and render.

FACTS

In 2002, AZT Winnsboro La., Inc., (AZT) sold a tract1 to Wenstar. A Wendy's restaurant is currently operating on the Wenstar property (the dominant estate). In the "Act of Cash Sale and Servitude," AZT, the vendor, granted to Wenstar, the vendee, a servitude in...

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