256 So. 3d 323
La. Ct. App.2018Background
- Alvin Jackson sued Americana Development Co., LLC and the City of Zachary after construction of a traditional neighborhood development (TND), related roadwork, and a roundabout eliminated his direct access from Highway 64 and altered drainage, causing flooding of his property.
- Americana and the City entered a cooperative endeavor agreement; the City acquired ownership of the relevant segment of Highway 64 and performed the roadwork, though Jackson alleged Americana participated and the combined actions disturbed his possession.
- Jackson filed successive petitions; his second amended petition asserted a possessory action (disturbance of peaceful possession by loss of access and changed drainage) and requested declaratory and injunctive relief and damages.
- Americana moved for summary judgment (alternatively filed exception of no cause of action), arguing it was a private actor not liable for City actions, not a state actor for First Amendment claims, and that Jackson failed to plead elements of drainage/negligence/possessory claims against it.
- The trial court granted summary judgment dismissing Jackson’s claims against Americana; Jackson appealed, arguing the trial court failed to consider the allegations of the second amended petition and that summary judgment did not address the possessory claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment properly dismissed claims in the second amended petition | Jackson contends the second amended petition alleges a possessory disturbance by combined actions of Americana and the City and the motion did not address those allegations | Americana argues it is a private entity, not responsible for City actions, and the petition lacks facts tying Americana to the alleged disturbances | Reversed: summary judgment inappropriate because motion did not specifically address the possessory action asserted in the second amended petition |
| Whether allegations in the second amended petition superseded prior petitions | Jackson conceded he did not reassert some prior constitutional claims and treated them as dismissed | Americana argued prior allegations (e.g., First Amendment) persisted; second amended petition lacked incorporation language | Court treated the second amended petition as superseding prior petitions where it did not incorporate them; constitutional claims treated as dismissed by Jackson |
| Whether Americana is a state actor for First Amendment claims | Jackson had alleged interference with a sign and asserted First Amendment injury in earlier petitions | Americana produced agreements showing City ownership of the road and asserted it did not perform a public function making it a state actor | Court noted Americana addressed First Amendment issue but the appeal focuses on whether summary judgment covered possessory claims; prior dismissal of First Amendment claims against City not at issue here |
| Whether defendant met its burden to negate essential elements of Jackson’s possessory action | Jackson alleged possession, uninterrupted use, disturbance by defendants, and timely suit | Americana contended Jackson failed to allege facts showing Americana — rather than the City — caused the disturbance | Court held Americana did not point to an absence of factual support for the possessory action and thus failed to meet its summary judgment burden on that claim |
Key Cases Cited
- In re Succession of Beard, 147 So.3d 753 (La. App. 1 Cir. 2014) (appellate de novo review of summary judgment)
- Willis v. Medders, 775 So.2d 1049 (La. 2000) (inferences construed in favor of opponent to summary judgment)
- Hines v. Garrett, 876 So.2d 764 (La. 2004) (definition of material fact and genuine issue standards)
- Smith v. Our Lady of the Lake Hospital, Inc., 639 So.2d 730 (La. 1994) (materiality in summary judgment context)
- Bryant v. Premium Food Concepts, Inc., 220 So.3d 79 (La. App. 1 Cir. 2017) (summary judgment standard and review)
- State by & through Caldwell v. Teva Pharmaceuticals Indus., Ltd., 242 So.3d 597 (La. App. 1 Cir. 2018) (effect of amended pleadings and incorporation language)
- Bologna Bros. v. Stephens, 23 So.2d 645 (La. App. 2 Cir. 1945) (amended petition may supersede prior pleadings)
- Carr v. Sanderson Farms, Inc., 215 So.3d 437 (La. App. 1 Cir. 2017) (exception of no cause of action tests legal sufficiency)
- Lambert Gravel Co., Inc. v. Parish of West Feliciana, 234 So.3d 889 (La. App. 1 Cir. 2016) (elements and requirements of possessory actions)