HERNANDEZ v. BARATARIA PARK, L.L.C.

No. 08-CA-791.

13 So.3d 200 (2009)

Melkys HERNANDEZ, wife of/and Arturo Santos v. BARATARIA PARK, L.L.C. & The Parish of Jefferson.

Court of Appeal of Louisiana, Fifth Circuit.

April 28, 2009.


Attorney(s) appearing for the Case

Brian F. Guillot, Attorney at Law, Metairie, LA, for Plaintiffs/Appellants, Melkys Hernandez, wife of/and Arturo Santos.

Daniel A. Ranson, Steven D. Oliver Gaudry, Ranson, Higgins & Gremillion, L.L.C., Attorneys at Law, Gretna, LA, for Defendants/Appellees, Barataria Park, L.L.C. and the Parish of Jefferson.

Panel composed of Judges MARION F. EDWARDS, SUSAN M. CHEHARDY, and WALTER J. ROTHSCHILD.


SUSAN M. CHEHARDY, Judge.

This is a dispute over whether a servitude over the plaintiffs' land properly became dedicated to public use. The plaintiffs assert the defendant landowner wrongfully converted its servitude of access over the plaintiffs' land to public use by act of dedication to the Parish of Jefferson. The plaintiffs appeal a summary judgment that dismissed their suit for damages for the taking of their property without just compensation. We affirm.

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