TOUPS v. ABSHIRE

No. CA 07-1147.

979 So.2d 616 (2008)

Earl TOUPS v. Wade Jude ABSHIRE, et al.

Court of Appeal of Louisiana, Third Circuit.

March 5, 2008.


Attorney(s) appearing for the Case

Reule P. Bourque, Attorney at Law, Wade Anthony Mouton, Attorney at Law, Kaplan, LA, for Plaintiff/Appellant, Earl Toups.

John Weir Grant, Attorney at Law, Lafayette, LA, for Defendants/Appellees, Wade Jude Abshire, Melinda Ann Regan Abshire.

Court composed of BILLY HOWARD EZELL, J. DAVID PAINTER, and JAMES T. GENOVESE, Judges.


EZELL, Judge.

In this matter, Earl Toups appeals the decision of the trial court refusing to order the removal of alleged encumbrances on his servitude of passage over the land of Wade and Melinda Abshire. For the following reasons, we affirm the decision of the trial court.

Mr. Toups owns an enclosed estate with no access to a public road. The land has a thirty-foot wide by one-hundred fifty-eight foot long servitude of passage running over the southern thirty...

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