Wood v. Gibson Construction Co., 320 So. 2d 549

Wood v. Gibson Construction Co.

320 So. 2d 549 | La. | 1975

Lead Opinion

In re: Roy C. Wood, Jr. applying for certiorari, or writ of review, to the Court of Appeal, Second Circuit, Parish of Cad-do. 313 So.2d 898.

Writ refused. On the facts found, the result is correct.

SUMMERS, J., is of the opinion the writ should be granted.

Concurrence Opinion

TATE, J.,

concurs in the denial. He is of the view that landowner subjected to a burdensome use of a servitude over his property is entitled as of right to injunc-tive relief to protect his property interest and believes that under the facts found by the trial court, such injunction should have issued. However, he accedes to the view of the court in denying the writ that under the facts found by the court of appeal no burdensome use now exists and that this court does not ordinarily issue writs to review factual determinations.

BOLIN, J., takes no part.