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Edwards v. Landry Chalet Rentals, LLC

Court of Appeals of Louisiana, Second Circuit

February 28, 2018

G.L. EDWARDS, LISA EDWARDS, RANDY L. EWING, ROBERT B. GREER, BILLY HAKES, STEVEN W. KELLY, STANLEY KNIGHT, JEFFREY SCOTT MCKASKLE, SUZANNE MCKASKLE, WILLIAM JAMES SLUSHER, TONYA SLUSHER, HERSHEL R. SULLIVAN, AND MESERET HAILE SULLIVAN Plaintiffs-Appellees
v.
LANDRY CHALET RENTALS, LLC Defendant-Appellant

         Appealed from the Second Judicial District Court for the Parish of Jackson, Louisiana Trial Court No. 34710 Honorable Jimmy Cecil Teat, Judge

          PETTIETTE, ARMAND, DUNKELMAN, WOODLEY, BYRD & CROMWELL By: Robert A. Dunkelman Counsel for Appellant

          WATSON, MCMILLIN & STREET By: David Carlton McMillin Counsel for Appellees

          Before GARRETT, STONE, and COX, JJ.

          STONE, J.

         The trial court rendered a judgment permanently enjoining Landry Chalet Rentals, LLC, from operating a business on its property because it violated the subdivision's restrictive covenants prohibiting use of the property for commercial purposes. Landry Chalet Rentals, LLC, appeals. For the following reasons, we affirm.

         FACTS AND PROCEDURAL BACKGROUND

         On March 12, 2015, Landry Chalet Rentals, LLC ("Landry Rentals"), purchased Lot 10 of Timber Point Subdivision located on Caney Lake in Jackson Parish, Louisiana ("Timber Point"). On September 14, 2016, fourteen Timber Point property owners ("the property owners") filed suit seeking a preliminary and permanent injunction prohibiting Landry Rentals from operating a "commercial enterprise" on Lot 10, including using a single-family dwelling on the property as a vacation rental. The property owners asserted Landry Rentals' operations on Lot 10 violated a restrictive covenant governing Timber Point which provides that "[n]o lot shall be used for any commercial purposes[.]"

         A hearing on the matter was held on April 6, 2017. The parties agreed to submit joint stipulations to be considered by the trial court in lieu of an evidentiary hearing. All parties stipulated to the introduction of the following exhibits:

1. The deed by which Landry Rentals acquired Lot 10 of Timber Point ("Exhibit 1");
2. The restrictive covenants of Timber Point, recorded on July 14, 1983, in the conveyance records of Jackson Parish ("Exhibit 2");
3. The plat for Timber Point ("Exhibit 3");
4. A vacation rental website advertisement for the rental of Landry Rentals' dwelling in Timber Point ("Exhibit 4"); and
5. The declaration page of the commercial insurance policy for Landry Rentals' property ...

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