BRANCH PROPERTIES, L.L.C. Plaintiff-Appellant
DOCTOR'S POINT DEVELOPMENT, L.L.C. Defendant-Appellee
Appealed from the Second Judicial District Court for the
Parish of Jackson, Louisiana Trial Court No. 35, 356
Honorable W. Peyton Cunningham, Jr. (Pro Tempore), Judge
C. HUGHES Counsel for Appellant
LOY HURD, APLC By: Paul Loy Hurd Counsel for Appellee
MOORE, GARRETT, and McCALLUM, JJ.
Properties, LLC ("Branch") appeals the trial
court's denial of its motion for preliminary injunction.
Branch filed for a preliminary injunction against
Doctor's Point Development, LLC ("DPD"),
alleging that DPD restricted or denied access to a
right-of-way that it possesses via previous contracts,
agreements, or through acquisitive prescription. DPD counters
that although Branch does have an undisputed, forty-foot wide
pipeline right-of-way, it holds no other right-of-way across
DPD property. Branch filed the preliminary injunction in
question with regard to an access road that crosses DPD
property and leads to the undisputed pipeline right-of-way.
For the following reasons, we affirm the trial court.
owns and operates a subsurface pipeline that traverses
DPD's property. It is undisputed that Branch has a
forty-foot wide right-of-way with regard to the pipeline.
Branch is the owner and operator of the right-of-way through
its ancestors in title: (1) Branch's purchase of the
rights from Louisiana Gas Corporation in 2015 and (2)
Louisiana Gas Corporation's purchase of the rights from
the O'Quin and Clark families in 1978.
pivotal portions of the contracts and agreements in question
state the following:
… the right to enter upon the land of undersigned
situated in the Parish of Jackson, State of Louisiana, and
more particularly described, as follows:
… to construct, lay, maintain, operate, alter, repair,
remove, change the size of and replace therein pipelines, and
appurtenances thereto (including without limitation all
protective equipment) for the distribution or transportation
of gas and to open, clear of trees and brush, and to maintain
said right-of-way and to keep the same clear of underbrush,
trees and other obstructions. Grantee shall also have the
right to lay
a second pipeline, subject line to be laid adjacent to and
parallel with the first.
It is understood and agreed that the right-of-way and
easement herein granted shall be forty (40') feet in
The grantee shall have the right of ingress and egress to and
from said right-of-way herein granted for the ...