Preview:

ORLEANS DISTRICT REDEVELOPMENT CORPORATION VERSUS MR. AND MRS. JOSEPH FEIN, III AND MR. AND MRS. JEROME FEIN, THEIR HEIRS, ASSIGNS AND SUCCESSORS

* *

NO. 2011-CA-1634

COURT OF APPEAL * FOURTH CIRCUIT * STATE OF LOUISIANA *******

APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2009-04416, DIVISION "D-16" Honorable Lloyd J. Medley, Judge ****** Judge Dennis R. Bagneris, Sr. ****** (Court composed of Judge Dennis R. Bagneris, Sr., Judge Roland L. Belsome, Judge Paul A. Bonin) BONIN, J., CONCURS WITH ADDITIIONAL REASONS Ryan P. Reece ALLEN H. BORNE & ASSOCIATES 4902 South Claiborne Avenue New Orleans, LA 70125 COUNSEL FOR PLAINTIFF/APPELLEE, ORLEANS DISTRICT REDEVLOPMENT CORPORATION, INC. Jane F. Mentz Kelly A. Loisel FAIA & ASSOCIATES, LLC 3409 16th Street Metairie, LA 70002 COUNSEL FOR DEFENDANTS/APPELLANTS, MR. AND MRS. JOSEPH FEIN, III, AND MR. AND M RS. JEROME FEIN, THEIR HEIRS, ASSIGNS AND SUCCESSORS

REVERSED AND REMANDED

APRIL 18, 2012

Defendants, Mr. and Mrs. Joseph Fein III and Mr. and Mrs. Jerome Fein, appeal a judgment of the trial court that granted Plaintiffs, Orleans District Redevelopment Corporations, motion for summary judgment. The motion for summary judgment sought to quiet title to immovable property located at 4616-18 S. Johnston Street, New Orleans, Louisiana. Because we find there are genuine issues of material fact that preclude summary judgment, we hereby reverse the judgment of the trial court and remand the matter for further proceedings. FACTS Mr. and Mrs. Joseph Fein, III and Mr. and Mrs. Jerome Fein were the record owners of the immovable property located at 4616-18 S. Johnson Street in Orleans Parish from June 1984 to November 11, 2003. However, on November 12, 2003, the property was sold to LeBorne II at a tax sale for $15, 839.83. Following the tax sale, the collector of ad valorem taxes for the city executed a tax deed on January 12, 2004, in favor of LeBorne II, transferring "Mr. and Mrs. Joseph Fein III" rights, title and interest in and to the property for non-payment of taxes for the years 1997-2002, totaling $15,839.83. According to the January 12, 2004, tax

1

deed, notice of the unpaid ad valorem taxes was mailed to Mr. and Mrs. Joseph Fein III only. The tax deed was filed in the Orleans Parish Conveyance Office on February 27, 2004. On April 7, 2009, LeBorne II transferred all of its right, title and interest in and to the subject property by quitclaim deed to Orleans District Redevelopment Corporation ("ODRC"). On April 29, 2009, ODRC filed a petition to quiet tax title pursuant to La. Constitution Article VII

Download 302160.pdf

Louisiana Law