RIVAULT v. AMERICA HOMELAND, LLC

No. 2021-C-00708.

325 So.3d 1051 (2021)

Charles A. RIVAULT, Arthur R. Lejeune, Claudia J. Lejeune, William J. Gibson, and Audubon Terrace Resident Homeowners Association, v. AMERICA HOMELAND, LLC.

Supreme Court of Louisiana.

October 12, 2021.


We find that defendant, America Homeland, LLC, has produced sufficient factual support to establish a genuine issue of material fact with respect to the question of whether or not the building restrictions at issue in this case have been abandoned. La. C.C.P. art. 966(D)(1). Accordingly, we find that the court of appeal erred by weighing the...

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