Preview:

SUPREME COURT OF LOUISIANA
No. 98-CA-1959

HARRY PRICE Versus U-HAUL COMPANY OF LOUISIANA, SELF STORAGE ASSOCIATION, CHEF MENTEUR SELF-SERVICE STORAGE, U-HAUL INTERNATIONAL, INC., RICHARD IEYOUB AND STATE OF LOUISIANA

ON APPEAL FROM THE CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS, HONORABLE RONALD J. SHOLES, JUDGE

LEMMON, Justice* In this action, plaintiff seeks, among other relief, a declaration of the unconstitutionality of La. Rev. Stat. 9:4756-4760, entitled the "Self-Service Storage Facility Act." The Act grants to the owner-lessor of a self-service storage facility a privilege on the movable property of the lessee stored in the facility, securing the debt due the owner-lessor for rent, and further authorizes the owner-lessor, in the event of default by the lessee, as an alternative to judicial enforcement of the lease agreement, to cancel the lease and enforce the privilege by a procedure for non-judicial sale detailed in the statute. Among its provisions are notice to the lessee, by delivery or certified mail, of the lessor's intent to enforce unless paid within ten days; advertising a description of the movables to be sold and the date (not less than ten days from the advertisement), time and place of the intended sale to the highest bidder (with any surplus held for the lessee); and the right of the lessee, up until the moment of sale, _______________________
*Marcus, J., not on panel. Rule IV, Part II,

Download 98-CA-1959 HARRY PRICE v. U-HAUL COMPANY OF LOUISIANA, SELF STORAGE ASSOCIATION,

Louisiana Law