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SCHWEGMANN FAMILY TRUST NO. 2 v. WHITE III

No. 2011-C-0611.

76 So.3d 1228 (2011)

SCHWEGMANN FAMILY TRUST NO. 2 v. WHITE III, LLC.

Court of Appeal of Louisiana, Fourth Circuit.

September 30, 2011.

Attorney(s) appearing for the Case

Wade P. Webster , Fowler Rodriguez Valdes-Fauli , New Orleans, LA, for Plaintiff/Appellant.

Jean-Paul Layrisson , Scandurro & Layrisson, L.L.C., New Orleans, LA, for Defendant/Appellee.

(Court composed of Judge DENNIS R. BAGNERIS, SR., Judge MICHAEL E. KIRBY, Judge PAUL A. BONIN).

PAUL A. BONIN, Judge.

Schwegmann Family Trust No. 2 filed suit against White III, LLC in order to obtain a judicial declaration that a building restriction which prohibited the operation of a grocery store on the Trust's property had terminated. White is the owner of the property benefitted by the restriction and has the exclusive right to enforce the restriction.1 Arguing that there are no genuine issues of material fact, the Trust filed...

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