GEORGE R. BAGLEY, JR., AS TRUSTEE OF MICHELE BAGLEY TRUST AND LYDIA BAGLEY TRUST Plaintiff-Appellee
LAKE BRUIN LANDING AND MARINA, L.L.C., ERNEST A. GONZALES Defendant-Appellant
Appealed from the Sixth Judicial District Court for the
Parish of Tensas, Louisiana Trial Court No. 23720 Honorable
Michael E. Lancaster, Judge
OFFICES OF BRIAN CRAWFORD By: Brian Crawford Counsel for
HARKEY, SMITH & CASCIO By: Thomas Moore Hayes, III
Counsel for Appellee.
GARRETT, COX, AND STEPHENS, JJ.
Lake Bruin Landing and Marina, L.L.C., appeals a judgment by
the Sixth Judicial District Court, Parish of Tensas, State of
Louisiana, finding it was in violation of valid building
restrictions imposed on its property and granting injunctive
relief sought by Plaintiff, George Bagley, Jr., as trustee of
the Michele Bagley Trust and the Lydia Bagley Trust. For the
following reasons, we affirm.
September of 2014, Lake Bruin Landing and Marina, L.L.C.
("the LLC"), whose sole member and manager is
Ernest A. Gonzalez,  purchased Lot 3 of the Bagley Sunnyside
Plantation Subdivision No. 2 located on Lake Bruin in Tensas
Parish. Building restrictions were imposed on the property in
1974 when Barbara and George Bagley created the subdivision,
consisting of three lots, and subsequently sold the lots to
their children in three separate deeds: Lot 1 to Lydia
Bagley, Lot 2 to Michele Bagley, and Lot 3 to George Bagley,
Jr. Each deed imposed identical building restrictions on the
vendees and his or her respective heirs, successors, and
assigns. In 1998, those lots were transferred, respectively,
to the Lydia Bagley Trust, the Michele Bagley Trust, and the
George Bagley, Jr. Trust, with George Bagley, Jr. serving as
trustee of all three trusts. In 2010, Lot 3 was foreclosed on
and sold at a sheriff's sale, but George Bagley, Jr.
("Bagley") remained the trustee of the other two
trusts, which currently still own Lots 1 and 2.
restrictions imposed in the 1974 deeds to the Bagley children
read as follows:
a. Neither the purchaser, his successors, lessees, or
assigns, shall ever use or permit to be used any house,
houses or structures erected or to be erected on said
property hereinabove described, either directly or
indirectly, for any commercial purpose, trade or business of
any form, or for any other purpose other than that of a
private residence, or private clubhouse or servants'
b. Only one main residence building may be erected on the
hereinabove described property, provided that this
restriction shall not apply to servants' quarters,
boathouses, pier houses, storage sheds, garages, pump houses,
or similar structures appurtenant to the main residence
building; no temporary structures or trailers shall be used
on said property at any time as a residence or camp, either
temporarily or permanently, provided only that his
restriction shall not apply to temporary guests or visitors
who are not the owners or lessees of said property.
c. The residence to be constructed on said property shall be
constructed of new materials, old brick exterior excluded,
and construction shall be sufficient and adequate to meet all
F.H.A. specifications and shall be not less than 1, 600
square feet of living space, at ground level, excluding
porches, patios, garage, or carport.
purchased Lot 3 with the intent to develop the property into
three smaller lots with three custom-built cabins and three
boathouses/piers. Gonzalez was unaware at the time of the
purchase of any building restrictions on the property that
would prohibit that development. He did not become aware of
the building restrictions until April of 2015, when he
received a letter from the attorney of adjacent lot owner,
the Michele Bagley Trust, communicating that Lot 3 was
subject to building restrictions and that violations of those
restrictions had become apparent. By the time the LLC was
informed of the restrictions, it had hired a surveyor to
prepare a plat, "Division of Lot 3 of Bagley Sunnyside
Plantation No. 2, " and commenced development of the
property and construction of the cabins and boathouses/piers.
The cabins were to measure approximately 1, 120 heated square
feet. On May 30, ...