SUCCESSION OF ALLEN L. SMITH, JR.
KEITH ALAN PORTIE
FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF
CALCASIEU, NO. 2015-4038 HONORABLE G. MICHAEL CANADAY,
Kenneth Michael Wright COUNSEL FOR: Defendant/Appellant -
Keith Alan Portie
Christopher E. John City of Lake Charles Legal Department
COUNSEL FOR: Defendant/Appellee - City of Lake Charles
Timothy O'Dowd Jared W. Shumaker O'Dowd Law Firm LLC
COUNSEL FOR: Plaintiff/Appellee - Shirley Smith
composed of Ulysses Gene Thibodeaux, Chief Judge, Phyllis M.
Keaty, and Candyce G. Perret, Judges.
ULYSSES GENE THIBODEAUX CHIEF JUDGE
case arises out of a dispute between two adjacent landowners
regarding a five-foot strip of land which forms a border
between the property owned by Plaintiff, Shirley Smith,
the property owned by Defendant, Keith Alan Portie. The strip
of land between the two properties was dedicated as a public
drainage servitude and accepted by the City of Lake Charles
via Resolution Number 366 on February 20, 1952. The strip of
land, or five-foot drainage, remained bare land until August
21, 2015, when Mr. Portie purchased Lot 26 and placed
drainage pipes, cement barriers, and truck loads of dirt on
the strip of land. Ms. Smith alleges that Mr. Portie's
actions violated subdivision restrictions which prohibit
certain improvements from being made on the five-foot strip
of land. Ms. Smith claims that Mr. Portie's actions
resulted in drainage problems on her property. The drainage
damaged her property and interfered with her enjoyment of use
of the property.
December 11, 2018, the trial court granted Ms. Smith's
motion for a preliminary injunction and ordered Mr. Portie to
stop draining his property onto Ms. Smith's property, to
stop interfering with Ms. Smith's drainage across the
five-foot strip of land at issue, and to stop increasing the
drainage burden on Ms. Smith's property.
(1) whether the trial court erred as a matter of law in
issuing a preliminary injunction with vague and mandatory
(2) whether an alleged violation of Louisiana Civil Code
Article 667 is a violation of a "prohibitory law"
relieving Shirley Smith of the burden of proving irreparable