84 So. 3d 778
La. Ct. App.2012Background
- Conti filed suit to enjoin Bienville from interfering with Conti's use of an alley and courtyard shared with Bienville.
- Conti purchased its property from Bruno in 2006, with a deed recording granting use of the alley/courtyard.
- Bruno later conveyed the alley/courtyard to Bienville, giving Bienville control over the servient estate.
- From 2006 to 2009 both parties used the space for access, parking, storage, and debris during construction.
- Bienville then barred use in March 2009, prompting Conti to seek a preliminary injunction and a declaratory judgment of a predial servitude.
- The district court granted Conti a preliminary injunction (May 11, 2010) and later summary judgment for Conti declaring a predial servitude of access, passage, and parking; Bienville appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Existence of servitude based on Conti's deed | Conti's deed expressly grants use of the alley/court | Language is vague; no explicit servitude; intent matters | No; deed language sufficient to create servitude; intent not required to establish existence |
| Scope of servitude, including parking rights | Past use (2006–2009) reflects intended scope including parking | Past use during construction was with Bienville's permission and not indicative of permanent scope | Material facts remain; summary judgment reversed to permit trial on scope, including parking rights |
| Effect of intent evidence and Article 1848 on authenticity | Authentic acts control; intent irrelevant to existence of servitude | Evidence of Bruno's intent should negate or limit servitude | Facts create genuine issues; intent evidence cannot negate authentic act; remand for trial on merits |
Key Cases Cited
- Duncan v. U.S.A.A. Ins. Co., 950 So.2d 544 (La. 2006) (summary judgment considerations; de novo review standard)
- Suire v. Lafayette City-Parish Consol. Gov't, 907 So.2d 37 (La. 2005) (summary judgment proof and genuine issue of material fact)
- Rapp v. City of New Orleans, 681 So.2d 433 (La. App. 4th Cir. 1996) (credibility and fact-finding limits on summary judgments)
- Independent Fire Ins. Co. v. Sunbeam Corp., 755 So.2d 226 (La. 2000) (credibility and per se rules in summary judgment context)
- Willis v. Medders, 775 So.2d 1049 (La. 2000) (doubt resolved in opponent’s favor in summary judgments)