Bd. of Supervisors of La. State Univ. v. 2226 Canal St., L.L.C.

262 So. 3d 909
CourtLouisiana Court of Appeal
DecidedDecember 19, 2018
DocketNO. 2018-CA-0254; NO. 2018-CA-0255; NO. 2018-CA-0256; NO. 2018-CA-0257; NO. 2018-CA-0258; NO. 2018-CA-0259; NO. 2018-CA-0260; NO. 2018-CA-0261; NO. 2018-CA-0262; NO. 2018-CA-0263; NO. 2018-CA-0264; NO. 2018-CA-0265; NO. 2018-CA-0266; NO. 2018-CA-0267; NO. 2018-CA-0268; NO. 2018-CA-0269; NO. 2018-CA-0270; NO. 2018-CA-0271; NO. 2018-CA-0272; NO. 2018-CA-0273
StatusPublished
Cited by2 cases

This text of 262 So. 3d 909 (Bd. of Supervisors of La. State Univ. v. 2226 Canal St., L.L.C.) 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
Bd. of Supervisors of La. State Univ. v. 2226 Canal St., L.L.C., 262 So. 3d 909 (La. Ct. App. 2018).

Opinion

Judge Terri F. Love

This appeal arises from the expropriation of properties in New Orleans for the construction of new medical facilities following Hurricane Katrina. The parties involved reached a confidential settlement agreement. Following the settlement, the property owners moved to release the monies remaining in the registry of the court. The City of New Orleans opposed the release, contending that the monies represented property taxes due and owing. The property owners contended that the settlement agreement allotted them the monies. The trial court found that the settlement agreement did not reserve property taxes, and granted the release of the monies.

The City of New Orleans appealed alleging that the trial court committed manifest error and abused its discretion by releasing the monies in the registry of the court. We find that the settlement agreement entitled the property owners to the monies remaining in the registry of the court, and affirm the judgment of the trial court.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Louisiana State University and the Veterans Administration (collectively "LSU") expropriated properties in New Orleans for the construction of new medical facilities. During the expropriation process and litigation, LSU deposited funds representing the value of the properties into the registry of the court. The property defendants *9131 withdrew the funds from the registry except for the amount of alleged property taxes due. The amount of alleged property taxes remained in the registry of the court pending resolution of the amount of taxes owed.

Following negotiations, the parties entered in a confidential settlement agreement ("Settlement"), which was signed by all parties to the litigation. The Settlement provided that the defendants could withdraw the funds remaining in the registry of the court. These funds were previously earmarked for property taxes. The property defendants2 filed Motions to Enforce Settlement Agreement and to Withdraw Remaining Funds from the Registry. The City of New Orleans opposed the motion to withdraw the funds, asserting that it never waived the right to collect property taxes. The trial court found that the City could have specifically reserved the right to the funds remaining in the registry or property taxes in the Settlement, but did not. The trial court granted the Motions to Enforce Settlement Agreement and to Withdraw Remaining Funds from the Registry. The City's suspensive appeal followed.

STANDARD OF REVIEW

"It is well settled that a court of appeal may not set aside a trial court's or a jury's finding of fact in the absence of 'manifest error' or unless it is 'clearly wrong.' " Rosell v. ESCO , 549 So.2d 840, 844 (La. 1989). "[W]here there is conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own evaluations and inferences are as reasonable." Id. "[I]f the trial court or jury findings are reasonable in light of the record reviewed in its entirety, the court of appeal may not reverse even" if "it would have weighed the evidence differently." Id. "Where there are two permissible views of the evidence, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong." Id. "In applying the manifestly erroneous-clearly wrong standard to the findings below, appellate courts must constantly have in mind that their initial review function is not to decide factual issues de novo ." Id.

"Legal issues are reviewed with the de novo standard of review." Gordon v. Gordon , 16-0008, p. 3 (La. App. 4 Cir. 6/8/16), 195 So.3d 687, 689.

"A district court's 'interpretation of an alleged compromise agreement is subject to manifest error/clearly wrong review.' " Feingerts v. State Farm Mut. Auto. Ins. Co. , 12-1598, p. 4 (La. App. 4 Cir. 6/26/13), 117 So.3d 1294, 1297, quoting Hancock Bank of Louisiana v. Holmes , 09-1094, p. 6 (La. App. 5 Cir. 5/25/10), 40 So.3d 1131, 1134.

*914SETTLEMENT AGREEMENT

The City contends that the trial court abused its discretion "by reading outside the terms of the settlement agreement" and committed manifest error by not giving effect to the language contained in the Settlement. Thus, the City asserts that the trial court should not have granted the Motion to Enforce Settlement Agreement and Withdraw Fund from the Registry, as it incorrectly interpreted the Settlement provisions. Thus, we must examine and interpret the Settlement.

"A compromise agreement to avoid litigation is favored by law." Borchardt v. Carline , 617 So.2d 970, 973 (La. App. 4th Cir. 1993). "A compromise is a contract whereby the parties, through concessions made by one or more of them, settle a dispute or an uncertainty concerning an obligation or other legal relationship." La. C.C. art. 3071. "A compromise settles only those differences that the parties clearly intended to settle, including the necessary consequences of what they express." La. C.C. art. 3076. This Court further outlined our law and procedures for interpreting contracts3 as follows:

In interpreting contracts, we are guided by the general rules contained in La. C.C. arts. 2045 - 2057. La. C.C. art. 2045 states that the interpretation of a contract is the determination of the common intent of the parties. To ascertain the parties' intent, the court must first look to the words and provisions of the contract. Amend v. McCabe , 95-0316, p. 7 (La. 12/1/95), 664 So.2d 1183, 1187. When the words of a contract are clear and explicit and lead to no absurd consequences, no further interpretation may be made in search of the parties' intent. La. C.C. art. 2046. When the language of the contract is unambiguous, the letter of the clause should not be disregarded under the pretext of pursuing its spirit. La. C.C. art. 2046, comment (b). Moreover, to determine the meaning of words used in a contract, a court should give them their general prevailing meaning.

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Bluebook (online)
262 So. 3d 909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bd-of-supervisors-of-la-state-univ-v-2226-canal-st-llc-lactapp-2018.