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.

Succession of Smith v. Portie

Court of Appeals of Louisiana, Third Circuit

December 30, 2019

SUCCESSION OF ALLEN L. SMITH, JR.
v.
KEITH ALAN PORTIE

          APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, NO. 2015-4038 HONORABLE G. MICHAEL CANADAY, DISTRICT JUDGE

          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

          Court composed of Ulysses Gene Thibodeaux, Chief Judge, Phyllis M. Keaty, and Candyce G. Perret, Judges.

          ULYSSES GENE THIBODEAUX CHIEF JUDGE

         This 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, [1] and 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.

         On 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.

         I.

         ISSUES

         We will consider:

(1) whether the trial court erred as a matter of law in issuing a preliminary injunction with vague and mandatory language; and
(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 injury.

         II.

         FACTS 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.