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ELSTON v. MONTGOMERY

No. 46,262-CA.

70 So.3d 824 (2011)

Richard Dean ELSTON, Jr. and Ashley Bruscato Elston, Plaintiffs-Appellants v. Jo Nell V. MONTGOMERY and Michael F. Montgomery, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

May 18, 2011.

Attorney(s) appearing for the Case

Mayer, Smith & Roberts, LLP, Shreveport, LA, by David F. Butterfield , for Plaintiffs/Appellants Richard Dean Elston, Jr. & Ashley Bruscato Elston, D.A. Richlen Land Co., Inc., Intervener/Appellant.

Kammer & Huckabay, Shreveport, LA, by Pugh T. Huckabay, III , for Plaintiff/Appellant Ashley Bruscato Elston.

Wiener, Weiss & Madison, Shreveport, LA, by R. Joseph Naus , Seth M. Moyers , for Defendants/Appellees Jo Nell V. Montgomery & Michael F. Montgomery.

Before STEWART, DREW and MOORE, JJ.

MOORE, J.

Dean and Ashley Elston and D.A. Richlen Corporation, owners of enclosed estates in Bossier Parish, appeal a judgment which granted only in part their request to enforce a conventional servitude, rejected their claim for a wider legal servitude, and ordered the Elstons, Richlen and Mike Montgomery, the owner of the servient estate, to pay 1/3 each the cost of repairing the existing servitude. For the reasons expressed, we amend the judgment to set the cost...

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