FERN CREEK v. CITY OF MANDEVILLE

No. 2008 CA 1694.

21 So.3d 369 (2009)

FERN CREEK OWNERS' ASSOCIATION, INC. and Diane Marcus Wife of/and Kenneth Huffman v. The CITY OF MANDEVILLE.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied July 31, 2009.


Attorney(s) appearing for the Case

William M. Magee, Patrice W. Oppenheim, Covington, Louisiana, for Plaintiffs/Appellees Fern, Creek Owners' Association, Inc. and Diane Marcus, wife of/and Kenneth Huffman.

David S. Cressy, Sr., Mandeville, Louisiana, for Defendant/Appellant, City of Mandeville.

Before KUHN, GUIDRY, and GAIDRY, JJ.


GAIDRY, J.

A municipality that purchased a lot in a subdivision subject to building restrictions appeals a judgment in favor of a homeowners association, issuing a permanent injunction against the municipality. The homeowners association has answered the appeal, seeking delinquent assessments and additional attorney fees. For the following reasons, we amend the trial court's judgment and affirm it as amended. We also grant the answer to the appeal in part and deny...

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