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Welch v. Planning & Zoning Commission of East Baton Rouge Parish & 2590 Associates, LLC

Court of Appeals of Louisiana, First Circuit

April 26, 2017

BOB WELCH & DANIEL HOOVER
v.
PLANNING & ZONING COMMISSION OF EAST BATON ROUGE PARISH & 2590 ASSOCIATES, LLC

         Appealed 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

          Alexis 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

          Brian L. McCullough Baton Rouge, LA Counsel for Defendant /Appellee, 2590 Associates, LLC

          Thomas E. Balhoff Counsel for Intervenor /Appellee, Judith R. Atkinson Glasgow Partners, LLC Carlton Jones, III Baton Rouge, LA

          BEFORE: WHIPPLE, C.J., GUIDRY, AND McCLENDON, JJ.

          WHIPPLE, C.J.

         In this 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.

         RELEVANT PROCEDURAL HISTORY

         A full 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 date.

         In 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.

         The trial court signed a judgment on March 21, 2016, addressing the relief sought by Glasgow Partners. The judgment declared that:

(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 ...

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