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HIMEL v. BOURQUE

No. 2014 CA 1811.

185 So.3d 42 (2015)

Gregory Scot HIMEL and Todd P. Gautreau v. Thomas BOURQUE, Sr., Thomas Bourque, Jr. and Ascension Parish Public Works Department.

Court of Appeal of Louisiana, First Circuit.

December 11, 2015.

Attorney(s) appearing for the Case

Donnie L. Floyd , Prairieville, LA, and Gregory Webb , Baton Rouge, LA, for Plaintiffs/Appellants Gregory Scot Himel and Todd P. Gautreau.

Erin Wiley Lanoux , Robert Ryland Percy, III , Matthew Ian Percy , Gonzales, LA, for Defendant/Appellees Thomas Bourque, Sr., and Thomas Bourque, Jr.

O'Neil Parenton , Gonzales, LA, for Defendant/Appellee Ascension Parish Public Works Department.

Before PETTIGREW, McDONALD, McCLENDON, WELCH, and THERIOT, JJ.

This is an appeal from a judgment declaring a predial servitude to have been dedicated to public use and granting a landowner full access to his property from that predial servitude. For the following reasons, we amend the judgment in part and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In 1992, owners of unimproved...

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