Annina v. Eschette

814 So. 2d 13, 2001 WL 1473913
CourtLouisiana Court of Appeal
DecidedNovember 21, 2001
Docket2000 CA 1892
StatusPublished
Cited by6 cases

This text of 814 So. 2d 13 (Annina v. Eschette) 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
Annina v. Eschette, 814 So. 2d 13, 2001 WL 1473913 (La. Ct. App. 2001).

Opinion

814 So.2d 13 (2001)

Wendy Pistorious ANNINA
v.
Roy & Eva Lynn ESCHETTE

No. 2000 CA 1892.

Court of Appeal of Louisiana, First Circuit.

November 21, 2001.
Writ Denied March 8, 2002.

*14 Nita R. Gorrell, Hammond, for Plaintiff, Appellee Wendy Pistorious Annina.

Duncan S. Kemp, III, Hammond, for Defendants, Appellants Roy and Eva Lynn Eschette.

Before: GONZALES, KUHN, CIACCIO, JJ.[1]

CIACCIO, J.

This appeal arises following a judgment in favor of plaintiff-lessee, ordering defendants-lessors to reimburse her for amounts expended on improvements to the leased property.

FACTS

Wendy Annina and her late husband George leased a tract of land in Tangipahoa Parish from Roy and Eva Lynn Eschette. The Anninas initially planned to purchase the land through a lease-purchase arrangement with the Eschettes, but details of the lease-purchase agreement were never documented and the parties never finalized the purchase.[2] Based on a verbal agreement with the Eschettes, the Anninas leased the property for $100 per month.

In February 1995, the Anninas moved their mobile home onto the Eschettes property. Prior to that time, they installed a septic tank on the property and brought in loads of dirt to build up the area where their mobile home would sit and to fill in any low areas. When conflict arose between the Anninas and their neighbors over use of an existing driveway, the Eschettes paid for materials to build a new driveway. The Anninas then reimbursed the Eschettes for their expense. The Anninas also filled a ditch to prevent the neighbors' effluent from flowing *15 onto the leased property and built a fence to keep the neighbors' geese from coming into their yard.

Mr. Annina died in February 1998 and that October, the Eschettes evicted Mrs. Annina for failure to pay rent. When Mrs. Annina vacated the property, she took only her mobile home. She did not remove the improvements that she and her husband had made to the leased premises. The Eschettes then leased the property to Mrs. Eschette's sister.

In March 1999, Mrs. Annina filed suit individually and as administratrix of her husband's estate seeking reimbursement for $8,287.07 in expenses incurred in making improvements to the property, specifically the fence, driveway, septic system and fill dirt.[3] Just before trial, defendants demanded that Mrs. Annina remove the improvements from the property, but she took no action to comply.

In his reasons for judgment, the trial judge found that under LSA-C.C. art. 465, the fill dirt, septic system and materials used to construct the driveway were "[t]hings incorporated into a tract of land... so as to become an integral part of it" and thus component parts of the land. Applying LSA-C.C. art. 495, the trial court determined that defendants initially could have demanded that plaintiff remove the improvements, but lost that right after renting the property to Mrs. Eschette's sister and therefore making personal use of those improvements.

The court further found that re-leasing the property constituted an election by defendants to keep the improvements. Thus, defendants were obligated to pay to plaintiff either the current value of the materials and workmanship or the enhanced value of the immovable. The court determined that the cost of the driveway, septic tank and fill dirt was $7,582.50, but that the property's enhanced value was only $4,200 as a result of these improvements. Thus, the court ruled that defendants should pay the lesser of these amounts plus $2,000 in court costs. The court refused to classify the fence as an improvement, stating that "under the circumstances in this case[,] it is not necessary."

Defendants appeal the trial court's judgment, alleging that the trial court erred: 1) in failing to maintain the exception of no cause of action; 2) in failing to properly apply LSA-C.C. art. 495; 3) in holding that renting the property after plaintiff's eviction barred defendants from demanding removal of the improvements; 4) in finding that defendants elected to keep the improvements by renting the property to a new tenant; and 5) in relying on plaintiff's property valuation expert and in assessing costs related to his testimony and preparation for trial.[4]

Exception of No Cause of Action

Defendants contend that the trial court erred in denying their peremptory exception raising the objection of no cause of action. This exception questions "whether the law extends a remedy to anyone under the factual allegations of the petition." McElwee v. State Through the Department of Transportation and Development, 98-0223 (La.App. 1 Cir. 2/19/99), 729 So.2d 695. Its purpose is to determine the legal sufficiency of the petition. In other words, the court must determine whether the law affords plaintiff a remedy *16 under the facts pleaded in the petition. Id., at 697. When considering the exception, the court must accept the facts pleaded in the petition as true. Id.

When a petition states a cause of action as to any ground or portion of the demand, an exception raising the objection of no cause of action must be overruled. Any doubts are resolved in favor of the sufficiency of the petition. Id.

According to plaintiff's petition, she and her husband rented property from defendants and incurred expenses associated with making improvements to that property. Plaintiff seeks reimbursement in accordance with LSA-C.C. arts. 493 through 497.

Article 493. Ownership of improvements
Buildings, other constructions permanently attached to the ground, and plantings made on the land of another with his consent belong to him who made them. They belong to the owner of the ground when they are made without his consent.
When the owner of the buildings, other constructions permanently attached to the ground, or plantings no longer has the right to keep them on the land of another, he may remove them subject to his obligation to restore the property to its former condition. If he does not remove them within 90 days after written demand, the owner of the land acquires ownership of the improvements and owes nothing to their former owner.
. . . . .
Article 493.2. Loss of ownership by accession; claims of former owner
One who has lost the ownership of a thing to the owner of an immovable may have a claim against him or against a third person in accordance with the following provisions.
. . . . .
Article 495. Things incorporated in, or attached to, an immovable with the consent of the owner of the immovable
One who incorporates in, or attaches to, the immovable of another, with his consent, things that become component parts of the immovable under Article 465 and 466, may, in the absence of other provisions of law or juridical acts, remove them subject to his obligation of restoring the property to its former condition.
If he does not remove them after demand, the owner of the immovable may have them removed at the expense of the person who made them or elect to keep them and pay, at his option, the current value of the materials and of the workmanship or the enhanced value of the immovable.

Defendants contend that plaintiff had no cause of action until they demanded removal of the improvements. Such a finding would be ludicrous and would hold future similarly-situated plaintiff's in limbo.

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Bluebook (online)
814 So. 2d 13, 2001 WL 1473913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/annina-v-eschette-lactapp-2001.