Begnaud v. Camel Contractors, Inc.

721 So. 2d 550, 1998 WL 749225
CourtLouisiana Court of Appeal
DecidedOctober 28, 1998
Docket98-207
StatusPublished
Cited by10 cases

This text of 721 So. 2d 550 (Begnaud v. Camel Contractors, Inc.) 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
Begnaud v. Camel Contractors, Inc., 721 So. 2d 550, 1998 WL 749225 (La. Ct. App. 1998).

Opinion

721 So.2d 550 (1998)

Emery BEGNAUD & Sarah Begnaud, et al., Plaintiffs—Appellees,
v.
CAMEL CONTRACTORS, INC., et al., Defendants,
East Musique Excavation, Inc., Paul Taylor, Defendants—Appellants.

No. 98-207.

Court of Appeal of Louisiana, Third Circuit.

October 28, 1998.

*552 Charles K. Hutchens, Lafayette, for Emery Begnaud, et al.

Joseph A. Schittone, Jr., Baton Rouge, for Camel Contractors, Inc., et al.

J. Floyd Johnson, David Charles LaBorde, P.J. LaBorde, Jr., Jeanne M. LaBorde, Lafayette, for East Musique Excavation and Paul Taylor.

Kenneth A. Back, Lafayette, for Superior Dirt Services, Inc., et al.

Joseph Hart Garbarino, for Domingue's Sand & Gravel, Inc.

Alan K. Breaud, Andrew Holleman Meyers, Tracy P. Curtis, Lafayette, for Mouton Plumbing & Hauling, Inc.

Bradley J. Haight, Lafayette, for LaLande, Inc.

Before WOODARD, PETERS and GREMILLION, JJ.

WOODARD, Judge.

Plaintiffs filed suit, seeking damages for diminution of their property values, as well as emotional damages for excessive noise, fumes, dirt, etc., caused by defendants' business activities near their non-zoned residential area. The plaintiffs are Emery and Sarah Begnaud, Albert and Kathleen Latiolais, Victor and Laurie Credeur, Allan and Mary Alice Guilbeaux, Richard and Phyllis David, Glenn and Carmen Speer, Jeff and Monica Ryan, Juanita and John Dudley Menard, Jr., and Farrel and Michelle Mitchell. The defendants are East Musique Excavation, Inc. (East Musique), Superior Dirt Services, Inc. (Superior), Francis Camel Construction, Inc., Domingue's Sand & Gravel, Inc., Mouton Plumbing & Hauling, Inc., Camel Contractors, Inc., and LaLande, Inc. Mr. Paul Taylor (Taylor), the owner of East Musique, although unnamed in the principal demand, reconvened for damages for loss of income and mental distress. Judgment was rendered for the plaintiffs against East Musique and against Superior. The Reconventional Demand of Taylor and East Musique were denied. East Musique and Taylor appeal. We affirm in part and reverse in part.

FACTS

East Musique and Superior are dirt excavation pits located in north Lafayette Parish, containing high-grade topsoil and gravel. The composite of the soil in this area can only be found in two percent of the parish. It is in high demand for construction projects. Although the pits have been in operation for two decades, they have experienced long periods of inactivity. When the pits began operating, there was very little residential housing in the area. Over time, that has changed and currently there are at least three subdivisions located near them. The area contains mobile homes valued between $12,000.00 and $18,000.00 and homes valued as much as $175,000.00. The area includes a horse ranch, pet grooming operation, lawn mower repair shop, and some substandard housing. Most of the plaintiffs claim they were unaware of the existence of the pits when they bought their homes. The defendants claim that because they are located in a non-zoned area, they are entitled to make any legal use of their property with no restrictions.

On September 1, 1994, the plaintiffs filed suit against the corporations owning the dirt excavation pits next to their homes. The suit was later amended, naming several trucking companies as defendants. The plaintiffs alleged that the dirt excavation activities of the property owners and the trucking companies were a nuisance and lowered the value of their homes and caused emotional damages because of excessive dust, fumes, mud, and noise repeatedly over a three-year period. In addition to problems created at the dirt pits, the plaintiffs alleged that the trucking companies were speeding through their neighborhood, occasionally using offensive hand-signals and "cat-calling." On October 8, 1996, the plaintiffs sought an injunction against the defendant property owners, East Musique, owned by Taylor, and Superior to *553 enjoin defendants, their employees, contractors, agents, and/or assigns, from loading trucks that exceeded the weight limit of La Musique Road upon arrival for loading and to require them to refuse service to trucks that would exceed the weight limit after loading.

On June 23, 1997, East Musique and its owner, Taylor, as an individual, filed Reconventional Demands. In relation to the corporation, it alleged loss of income, past, present and future, and property damage, and Taylor alleged abuse of process, emotional distress, anxiety, and mental distress.

To support their nuisance claim, the plaintiffs maintained a log of the trucks that entered and exited the dirt pits. The log contained information such as the truck owner, the size of the truck, the time and date of the trip, etc. It was admitted into evidence. The log showed that on one particular day, 132 trips were made to the dirt pits. The testimony of the plaintiffs established that the trips were usually made during normal business hours, but trips during early morning and the weekend were not uncommon. Several plaintiffs testified that they had been run off the road by the trucks as they were leaving the dirt pits. Additionally, one of the plaintiffs claimed that a truck destroyed his mailbox. Plaintiffs also testified that many of the drivers yelled at them or used offensive hand signals as they drove through the neighborhood.

In support of his reconventional claim, Taylor testified that he suffered a loss of income because area contractors did not want to deal with him due to the litigation and fears that the plaintiffs would photograph or videotape their drivers entering and exiting the dirt pit. Taylor testified that he had trouble sleeping and had suffered financial problems since the lawsuit began.

This matter was tried on July 22-26, 1997. The trial court found that East Musique and Superior were nuisances under La.Civ.Code arts. 667-669 but that the "dirt hauling" defendants were not neighboring landowners, therefore, they were not subject to the nuisance articles. Moreover, the trial court ruled that the plaintiffs had not proved any negligence by the trucking companies. The trial court denied all Reconventional Demand, finding damages were not proven. It ordered Superior and East Musique to pay the following damages:

Damages for Diminution in property.
  To be paid by Superior:
  1. Speer                       $ 7,500.00
  2. Mitchell                    $ 4,000.00
  3. Menard                      $ 3,000.00
  4. Ryan                        $ 6,250.00
  To be paid by East Musique:
  1. David                      $ 1,500.00
  2. Latiolais                  $ 3,500.00
  To be paid equally by Superior and
  East Musique:
  1. Guilbeaux                  $ 7,750.00
  2. Begnaud                    $11,000.00
  3. Credeur                    $ 3,000.00

Additionally, each plaintiff was awarded $2,000.00 in mental anguish damages which was to be paid equally by Superior and East Musique.

The trial court denied the injunction, reasoning that East Musique and Superior had no control over the trucking companies and the court could not force the excavation companies to regulate the weight of its customers' trucks. Costs were to be paid by Superior and East Musique and included expert witness fees in the amounts as follows: Gene Cope $500.00, Sam Vidrine $250.00, Richard Duchamp $500.00. From this judgment, East Musique and its owner, Taylor, appeal.

ASSIGNMENTS OF ERROR

East Musique and Taylor allege that the trial court erred in:

1. Finding the plaintiffs had proven real damages.
2.

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Cite This Page — Counsel Stack

Bluebook (online)
721 So. 2d 550, 1998 WL 749225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/begnaud-v-camel-contractors-inc-lactapp-1998.