147 So. 3d 207
La. Ct. App.2014Background
- Naquin plaintiffs seek to cancel leases of Bollinger Shipyards due to alleged environmental damage on the leased property.
- Bollinger file reconventional demand alleging the Naquins’ suit disturbs Bollinger’s peaceful possession and seeks damages.
- Naquins move to strike reconventional demand as premat ure and for lack of cause of action, arguing no eviction or actual disturbance occurred.
- Trial court sustains no cause of action, holds that a landlord’s Article 2686 dissolution right is not a disturbance in law under Article 3659, and dismisses reconventional demand with prejudice.
- Bollinger appeals contending the Naquins’ suit constitutes a disturbance in law breaching the warranty of peaceful possession.
- Appellate court affirms, holding that a suit filed adverse to the possessor is not a disturbance in law under Article 3659; the mere filing of a lease-cancellation suit cannot breach the warranty in Article 2700.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Naquins’ suit to cancel leases constitutes a disturbance in law. | Naquin contends no disturbance under 3659; suit is not a disturbance in law. | Bollinger argues the action implies ownership rights and disturbs possession. | Disturbance in law not present; suit adverse to possessor is excluded by Art. 3659. |
Key Cases Cited
- Jackson v. Campco of Monroe, Inc., 623 So.2d 1383 (La.App. 2 Cir. 1993) (eviction proceedings fall within the Article 3659 exception; not a disturbance)
- Karst v. Ward-Steinman, 469 So.2d 440 (La.App. 3 Cir. 1985) (eviction-related possessory actions not disturbances under 3659)
- Bodcaw Company v. Enterkin, 273 So.2d 325 (La.App. 3 Cir. 1973) (disturbance-of-possession doctrine in possessory actions)
- McCrary v. Park South Properties, 560 So.2d 38 (La.App. 2 Cir. 1990) (default letter case: disturbance to development; equitable relief recognized)
- Union Bank v. Cottonport Insurance Exchange, 630 So.2d 975 (La.App. 3 Cir. 1994) (lessor breaches peaceable possession when disturbance prevents use)
- Sheets Family Partners-Louisiana, L.T.D. v. Inner City Refuge Economic Development Corporation, 94 So.3d 964 (La.App. 2 Cir. 2012) (disturbance in law/factual context of peaceful possession discussed)