1026 Conti Condominiums, LLC v. 1025 Bienville, LLC

CourtLouisiana Court of Appeal
DecidedAugust 5, 2020
Docket2019-CA-0826
StatusPublished

This text of 1026 Conti Condominiums, LLC v. 1025 Bienville, LLC (1026 Conti Condominiums, LLC v. 1025 Bienville, LLC) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
1026 Conti Condominiums, LLC v. 1025 Bienville, LLC, (La. Ct. App. 2020).

Opinion

1026 CONTI * NO. 2019-CA-0826 CONDOMINIUMS, LLC * VERSUS COURT OF APPEAL * 1025 BIENVILLE, LLC FOURTH CIRCUIT * STATE OF LOUISIANA *******

CONSOLIDATED WITH: CONSOLIDATED WITH:

1026 CONTI CONDOMINIUMS, NO. 2019-CA-0827 LLC

VERSUS

1025 BIENVILLE, LLC

1025 BIENVILLE, LLC NO. 2019-CA-0828

BRUNO PROPERTIES, LLC

APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2009-13363, DIVISION “M” Honorable Paulette R. Irons, Judge ****** Judge Tiffany G. Chase ****** (Court composed of Judge Daniel L. Dysart, Judge Rosemary Ledet, Judge Tiffany G. Chase)

Fred L. Herman Matthew A. Sherman Jacob D. Young Nicholas R. Varisco CHEHARDY SHERMAN WILLIAMS MURRAY RECILE STAKELUM & HAYES, LLP One Galleria Blvd., Suite 1100 Metairie, LA 70001 Raymond B. Landry MOLLERE FLANAGAN & LANDRY, L.L.C. 2341 Metairie Road Metairie, LA 70001

Leonard L. Levenson LEONARD L. LEVENSON & ASSOCIATES 650 Poydras Street, Suite 2750 New Orleans, LA 70130

COUNSEL FOR PLAINTIFFS/APPELLANTS

Galen S. Brown SULLIVAN STOLIER SCHULZE LLC 909 Poydras Street, Suite 2600 New Orleans, LA 70112

Joseph M. Bruno BRUNO & BRUNO LLP 855 Baronne Street New Orleans, LA 70113

COUNSEL FOR DEFENDANT/APPELLEE

AFFIRMED AUGUST 5, 2020 TGC DLD RML This is the third appeal in a dispute between two French Quarter

landowners involving a servitude. 1026 Conti Condominiums, LLC (hereinafter

“Conti”) appeals the trial court’s judgment recognizing 1025 Bienville, LLC’s

(hereinafter “Bienville”) designation of the location of the servitude. 1026 Conti

Holding, LLC (hereinafter “Conti Holding”) appeals the trial court’s judgment

denying its motion for leave to file a petition for intervention. After consideration

of the record before this Court and the applicable law, we affirm the judgments of

the trial court.

FACTS AND PROCEDURAL HISTORY

In 2006, Conti purchased property located at 1026 Conti Street from Bruno

Properties, LLC (hereinafter “Bruno”). The property, referred to as Lot 3 in the act

of sale, included a building containing seven condominium units. Adjacent to Lot

3, on its west side, is an alley leading to a land-locked courtyard located directly

behind Lot 3 and another adjacent property. The property description in the act of

sale provided “the right to use said alley as well as of a ‘court[yard]’ figured on

said plan and common to Lots 1, 2, and 3 and other property.” Bruno later sold

other properties in the same block, including properties bordering the

1 aforementioned alley and courtyard. Bruno also sold Lot AA, which encompasses

most of the courtyard, to Bienville. Thus, in the servitude at issue, Lot AA is the

servient estate and Lot 3, 1026 Conti Street, is the dominant estate.

Initially, both Conti and Bienville shared the use of Lot AA for

approximately three years during construction. This practice ended in 2009, when

Bienville striped Lot AA for parking and posted signage asserting exclusive use of

Lot AA such that any unauthorized vehicles would be towed. On December 23,

2009, Conti filed a preliminary injunction and a request for a declaratory judgment

against Bienville regarding Conti’s right to use Lot AA. Conti subsequently filed a

motion for summary judgment “seeking a declaration as to the existence, extent

and type” of servitude granted in the sale between itself and Bruno. On May 13,

2011, the trial court granted Conti’s motion for summary judgment and declared

that a predial servitude of “access, passage, and parking for the benefit of the

Dominant Estate [Conti’s property]” existed.

Bienville appealed, and this Court reversed. 1026 Conti Condominiums,

LLC v. 1025 Bienville, LLC, 2011-1055, p. 12 (La.App. 4 Cir. 2/8/12), 84 So.3d

778, 785 (hereinafter “Conti I”). While this Court agreed with the trial court’s

finding that a servitude existed, we found there remained a genuine issue of

material fact as to the scope of the servitude granted to Conti. Id. We opined that

genuine issue of material fact existed as to whether the servitude included the right

to park on Lot AA (the courtyard), or on any portion of it, and “whether the use the

parties made of the alley and courtyard from 2006 until 2009 … should be

considered typical and therefore determinative of the parties’ intent with regard to

the scope of the servitude.” Id.; see also La. C.C. art. 749. The matter was

remanded to the trial court for a trial on the merits. Id.

2 Following a bench trial, the trial court rendered judgment on October 8,

2014, this time ruling that a predial servitude existed for access and passage only –

parking was not included. Both parties filed motions for new trial. Conti’s motion

was denied; however, Bienville’s motion, requesting greater specificity as to the

description of the properties, was granted. On December 18, 2014, the trial court

issued an amended judgment which, in relevant part: 1) recognized the existence of

“a predial servitude for access and passage only over and across” Lot AA; 2)

denied Conti the right of parking on Lot AA; and 3) assessed costs against Conti

(hereinafter “the 2014 Amended Judgment”).

Conti appealed arguing the trial court erred by denying its right to park, by

improperly relying on La. C.C. art. 750,1 and by granting Bienville the right to

designate the location of the servitude. This Court affirmed the trial court’s ruling

which denied Conti the servitude of parking on Lot AA. 1026 Conti

Condominiums, LLC v. 1025 Bienville, LLC, 2015-0301, pp. 9-10 (La.App. 4 Cir.

12/23/15), 183 So.3d 724, 730 (hereinafter “Conti II”). However, we declined to

address the trial court’s application of La. C.C. art. 750.2 Id., 2015-0301, p. 10,

1 La. C.C. art. 750 provides: “If the title does not specific the location of the servitude, the owner of the servient estate shall designate the location.” 2 In Conti II, 2015-0301, p. 10, 183 So.3d at 730, Conti argued that the trial court erred in holding that Bienville could designate the location of the servitude, thereby restricting its extent and size under La. C.C. art. 750. As the 2014 Judgment was silent as to Bienville’s right to designate the location of the servitude, we declined to address this argument:

As Conti admits, the Reasons for Judgment of the district court are distinct from the judgment itself. It is well-established that “Reasons for Judgment” are not controlling and do not constitute the “Judgment” of the court. Kaufman v. Adrian’s Tree Service, Inc., 00–2381, p. 3 (La.App. 4 Cir. 10/31/01), 800 So.2d 1102, 1104. See also Theresa Seafood, Inc. v. Berthelot, 09–0814, p. 7 (La.App. 4 Cir. 3/10/10), 40 So.3d 132, 137, amended on reh’g (May 12, 2010) [wherein we held that suggestions made by the trial court in its reasons for judgment are not controlling.]. Moreover, “[a]ppeals are taken from the judgment, not the written reasons for judgment.” Greater New Orleans Expressway Com’n v. Olivier, 02– 2795, p. 3 (La.11/18/03), 860 So.2d 22, 24.

3 183 So.3d at 750. Conti sought further review with the Louisiana Supreme Court.

Writs were denied.3

On February 12, 2016, Conti Holding, a separate entity owned by the same

principal as Conti, filed a separate suit against Bienville alleging ownership of Lot

AA.4

On March 17, 2016, after exhausting appellate review, Conti filed a motion

to enforce the 2014 Amended Judgment arguing that Bienville’s attempt to

designate the location of the servitude diminished or made inconvenient Conti’s

use of the servitude.

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