ATKINS v. SIX C PROPERTIES, L.L.C.

No. 45,682-CA.

55 So.3d 120 (2010)

Robert Michael ATKINS, Plaintiff-Appellee, v. SIX C PROPERTIES, L.L.C., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

November 3, 2010.


Attorney(s) appearing for the Case

Martin Law Firm by Dale P. Martin , Broussard, Louisiana, for Appellant.

Kelly & Townsend, LLC by T. Taylor Townsend , Natchitoches, Louisiana, for Appellee.

Michael L. Glass, Esq. , Alexandria, Louisiana, for Whitetails of Louisiana, Inc.

Before CARAWAY, PEATROSS and MOORE, JJ.


CARAWAY, J.

The plaintiff owns a 10-acre rural tract of land completely surrounded by the property of defendant. When the defendant erected an 8-foot fence surrounding plaintiff's property, plaintiff instituted suit seeking to have the fence declared a nuisance and requiring its removal. The trial judge ruled in favor of plaintiff on the issue of nuisance and ordered the fence removed. This appeal by defendant ensued. For the following reasons, we reverse the trial...

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