from the Nineteenth Judicial District Court In and for the
Parish of East Baton Rouge, State of Louisiana Docket Number
C608569 Honorable Janice Clark, Judge Presiding
A. St. Amant, II Baton Rouge, LA Counsel for Plaintiffs
/Appellants, Bob Welch and Daniel Hoover
Cynthia C. Bohrer Frank Gremillion Baton Rouge, LA Counsel
for Defendant /Appellee, City of Baton Rouge & Parish of
East Baton Rouge
L. McCullough Baton Rouge, LA Counsel for Defendant
/Appellee, 2590 Associates, LLC
E. Balhoff Counsel for Intervenor /Appellee, Judith R.
Atkinson Glasgow Partners, LLC Carlton Jones, III Baton
BEFORE: WHIPPLE, C.J., GUIDRY, AND McCLENDON, JJ.
appeal, which we refer to as "Welch III, "
plaintiffs, Bob Welch and Daniel Hoover, appeal a March 21,
2016 judgment of the trial court rendered in favor of
intervenor, Glasgow Partners, LLC. For the following reasons,
we reverse the judgment of the trial court in part, affirm
the judgment of the trial court in part, and remand the
matter to the trial court.
recitation of the pertinent facts and procedural history
related to this litigation arising from the development of
the Rouzan Traditional Neighborhood Development
("TND") is set forth in the companion case of
Welch and Hoover v. Planning and Zoning Commission of
East Baton Rouge, 2016-0253 (La.App. 1st Cir.
___/___/___) ("Welch I"), also handed down this
appeal, plaintiffs seek review of a March 21, 2016 judgment,
which addressed intervenor Glasgow Partners, L.L.C.'s
claims in the instant litigation. Glasgow Partners intervened
in plaintiffs' possessory action against 2590 Associates,
L.L.C. ("2590") and the Planning and Zoning
Commission of East Baton Rouge, contending that it had an
interest in the litigation because Glasgow Partners purchased
the "servient estate" from 2590 prior to the trial
court's resolution of plaintiffs' possessory action
and prior to the trial court's ruling on plaintiffs'
requests for injunctive relief and damages. Glasgow Partners
sought declaratory relief and damages.
trial court signed a judgment on March 21, 2016, addressing
the relief sought by Glasgow Partners. The judgment declared
(1)Glasgow Partners was entitled to temporarily relocate
plaintiffs' servitude of passage in anticipation of
construction activities by "arranging" a temporary
servitude of passage, dated May 8, 2012, which provided
access to Perkins Road;
(2) Glasgow Partners permanently relocated plaintiffs'
servitude of passage by providing a 30-foot wide access from
their properties to a publicly dedicated street ...