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CLEMENT v. CITY OF LAKE CHARLES

No. 10-703.

52 So.3d 1054 (2010)

Tom CLEMENT v. CITY OF LAKE CHARLES, Et Al.

Court of Appeal of Louisiana, Third Circuit.

December 8, 2010.

Attorney(s) appearing for the Case

Maurice L. Tynes , Lake Charles, LA, for Plaintiff/Appellant, Tom Clement.

John Richard Pohorelsky , Scofield, Gerard, Singletary & Pohorelsky, Lake Charles, LA, for Defendant/Appellee, Turnberry Row Homeowner's Association.

Christopher E. John , City of Lake Charles Legal Department, Lake Charles, LA, for Defendant/Appellee, City of Lake Charles.

Billy Edward Loftin Jr. , Michael DeBakey Drive , Lake Charles, LA, for Defendant/Appellee, City of Lake Charles.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, MARC T. AMY, and BILLY HOWARD EZELL, Judges.

THIBODEAUX, Chief Judge.

Appellant, Tom Clement, asserts that the trial court erred by granting a summary judgment in favor of Turnberry Row Homeowner's Association ("Association") declaring Association the owner of Muirfield Drive in Lake Charles. The City of Lake Charles did not take a position in this case. We reverse because we find that the developer did not specifically reserve ownership of Muirfield Drive when it statutorily dedicated the right-of-way.

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