Preview:

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 49


FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 6th day of September, 2006, are as follows:

BY VICTORY, J.:


2005-C- 0470
WAYNE COSBY, KARI FITZGERALD, JOHN FITZGERALD, STAN MCDONALD, KEITH

STEVENS, KAREN WILLIAMS, CARL WILLIAMS, AND PETER OELSCHLAEGER v.

HOLCOMB TRUCKING, INC., HENRY H. HOLCOMB, AND JOYCE M. HOLCOMB

(Parishof Livingston)

For the reasons stated herein, the judgment of the court of appeal is
reversed, the judgment of the trial court is reinstated, and the case
is remanded to the court of appeal for consideration of the
remaining assignments of error consistent with the reasoning of this
opinion.
REVERSED AND REMANDED TO THE COURT OF APPEAL.

JOHNSON, J., concurs.

KNOLL, J., dissents and assigns reasons.


9/06/06



SUPREM E COURT OF LOUISIANA
NO.  05-C-0470

WAYNE COSBY, KARI FITZGERALD, JOHN FITZGERALD,
STAN MCDONALD, KEITH STEVENS,
KAREN WILLIAMS, CARL WILLIAMS, AND
PETER OELSCHLAEGER

versus

HOLCOMB TRUCKING, INC., HENRY H. HOLCOMB,
AND JOYCE M. HOLCOMB

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL,
FIRST CIRCUIT, PARISH OF LIVINGSTON

VICTORY, J.
We granted this writ application to determine whether the court of appeal erred in reversing a trial court determination that this action to enforce a building restriction had not prescribed.  After oral argument, we requested further briefing on whether the applicable building restrictions form part of a general plan as required by Louisiana Civil Code Article 775.  Upon further review of the record and the applicable law, we reverse the judgment of the court of appeal and reinstate the judgment of the trial court on the original grounds upon which this writ was granted.  The trial court

Download 05c0470.opn.pdf

Louisiana Law