Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Ibert v. Croulet

Court of Appeals of Louisiana, Third Circuit

November 7, 2018

ELLEN IBERT
v.
TIMOTHY V. CROULET AND TAMRA A. CROULET

          APPEAL FROM THE THIRTIETH JUDICIAL DISTRICT COURT PARISH OF VERNON, NO. 93, 629 HONORABLE SCOTT WESTERCHIL, DISTRICT JUDGE

          Michael A. Smith, Jr. Dowden & Smith, LLC COUNSEL FOR DEFENDANTS/APPELLEES: Timothy V. Croulet Tamra A. Croulet.

          Ellen Ibert IN PROPER PERSON.

          Court composed of John D. Saunders, Marc T. Amy, and Elizabeth A. Pickett, Judges.

          MARC T. AMY JUDGE.

         The plaintiff sought a declaratory judgment to protect her alleged rights to a purported servitude in a residential subdivision, arguing in her petition that the defendants had obstructed her use thereof. The trial court ultimately ruled in favor of the defendants due to lack of evidence, and the plaintiff now appeals. For the following reasons, we affirm.

         Factual and Procedural Background

         On October 17, 2016, Ellen Ibert filed a "Petition for Declaratory Judgment and Mandatory Injunction," in which she stated that she is the owner of a vacant residential lot known as Lot 18 of Paradise Cove Subdivision in Vernon Parish and that the named defendants, Timothy and Tamra Croulet, are the owners of Lot 17 in Paradise Cove Subdivision. In her petition, Ms. Ibert requested an order "to preserve and implement exercising full rights for preservation of said servitude legally recorded and referred to as North Street in Paradise Cove Subdivision, under Instrument No. 503997[.]" Ms. Ibert then asserted:

6.
FURTHER BE IT KNOWN, Plaintiff, ELLEN IBERT, has continuous use and rights as dominant estate, [1] full rights of enjoyment and use of herein said servitude as intended and designated under conveyance record have been obstructed, and Plaintiff is thereby requesting [a] court order granting full and unobstructed rights to Plaintiff pursuant to, and respectful of, Civil Codes.
7.
FURTHER, LET IT BE KNOWN, Defendants, TIMOTHY V. CROULET and TAMRA A. CROULET, refuse to recognize the dominant estate's real rights of action over serviant [sic] estate[']s property for access or further improvements with maintenance of the designated road and utility easement servitude[2] known as North Street crossing over the serviant [sic] estate referred to as Lot 17 of Paradise Cove Subdivision, and reference hereto Exhibit A.
8.
FURTHER, Defendants, TIMOTHY V. CROULET and TAMRA A. CROULET, refuse to remove any obstructions encroached upon servitude, as hereto Exhibit E, by Defendants that remain as follows:
a) trees, shrubs, raised-brick flower bed, and concrete driveway extension within any portion of the thirty-five feet wide herein referenced servitude crossing over the serviant [sic] estate, referred to as lot 17, regardless of cause; and
b) refuse to allow dominant estate owner, Plaintiff herein, rights to remove said obstructions within servitude right-of-way to access passage, inclusive of utility lines and ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.