Bossier Center, Inc. v. B & B SYSTEMS, INC.

388 So. 2d 826, 1980 La. App. LEXIS 4426
CourtLouisiana Court of Appeal
DecidedAugust 18, 1980
Docket14234
StatusPublished
Cited by4 cases

This text of 388 So. 2d 826 (Bossier Center, Inc. v. B & B SYSTEMS, 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
Bossier Center, Inc. v. B & B SYSTEMS, INC., 388 So. 2d 826, 1980 La. App. LEXIS 4426 (La. Ct. App. 1980).

Opinion

388 So.2d 826 (1980)

BOSSIER CENTER, INC., Plaintiff-Appellee,
v.
B & B SYSTEMS, INC., Dewitt H. Patten, Intervenor, Defendants-Appellants.

No. 14234.

Court of Appeal of Louisiana, Second Circuit.

August 18, 1980.

*827 Glenn Armstrong, Bossier City, for plaintiff-appellee.

Michael G. Latimer, Bossier City, for defendant-appellant.

Before PRICE, HALL and JASPER E. JONES, JJ.

JASPER E. JONES, Judge.

Defendant, B & B Systems, Inc. (B & B), and intervenor, Dewitt H. Patten (Patten), appeal a judgment enjoining B & B from constructing a sign upon the property leased by it from Patten and rejecting the demands of B & B and Patten for damages which they allegedly sustained by virtue of the issuance of the TRO and permanent injunction prohibiting the erection of the sign. There was never a preliminary injunction granted, but there was a stipulation at an initial hearing in these proceedings between all the parties that the TRO granted when suit was filed would continue in effect until the proceedings were complete. The judgment also dismissed the intervention filed by Patten wherein he sought in addition to damages a judgment declaring that there were no restrictions upon the use of his property which he had purchased from Bossier Center, Inc.

Plaintiff sold Patten a strip of land 20 ft. wide by 176.7 ft. long in Bossier City, Louisiana on August 30, 1978. The deed contained the following provision, to-wit:

"Vendee agrees not to erect any structures without the written consent of the vendor."

Patten leased a sign location on the west end of the tract to B & B on September 8, 1978. B & B commenced construction of the sign without having obtained approval of Bossier Center. Bossier Center instituted this action against B & B to enjoin the construction of the sign. Patten intervened in the proceeding and along with B & B Systems denied that the property was subject to the restriction upon which plaintiff claimed the right to the injunction and sought damages for the alleged illegal prohibition of the erection of the sign.

Following the trial on the permanent injunction the trial court rendered a judgment enjoining B & B from placing a sign upon the property and rejecting the demands of Patten and B & B. B & B and Patten appeal. We amend the judgment to order that the use limitation constitutes neither a predial servitude nor any other form of covenant running with the land and as amended affirm.

On April 4, 1978 Bossier Center granted Patten an option to purchase a tract of land 176.7 ft. × 268 ft. containing 1.726 acres and located 157 ft. south of the Old Minden Road and approximately 13 ft. east of the I-20 right-of-way in Bossier City. Following acquisition of the option Patten had a plat prepared for the purpose of seeking a rezoning of the property. The plat reflected approximately 18 small lots on which apparently small offices or commercial structures could be placed and it also showed appropriate parking areas, streets and sidewalks. At the time the 45 day option expired the rezoning application had *828 been rejected. Bossier Center's officers denied they were aware that it had been rejected. Patten apparently desired to continue with his efforts to develop the tract and sought another option upon it for the same $10.00 consideration he paid for the first one. Bossier Center sought a $2,500.00 consideration for the second option and it was in connection with the negotiation for the second option that Patten acquired the north 20 ft. of the property for a consideration of $5,000.00. The property was described as follows:

"The North twenty (20) feet of vendor's property immediately adjoining Long John Silver Restaurant, in Section 28, Township 18 North, Range 13 West, Bossier Parish, Louisiana, as outlined in red on attached drawing."

A copy of the plat is here included to facilitate an understanding of the facts. (See p. 829). The deed included an option for an additional 45 days on the remainder of the tract with the original option price being reduced by $5,000.00 which was the consideration for that portion of the property included in the deed which had been covered by the initial option. There was no consideration recited for the second option.

*829

*830 The drawing referred to in the description was the detailed map which Patten had prepared for the purpose of submitting the zoning application. Patten testified when he was first submitted the deed prepared by Thomas Wilson, president of Bossier Center, Inc., he refused to sign it because it reserved to the vendor a 40 ft. wide right-of-crossing over the conveyed property and because of the language "Vendee agrees not to erect any structure without the written consent of vendor". The following language was then added to the deed "Crossing as shown on attached sketch satisfies the 40 ft. minimum requirement. Also development plan is acceptable."

The development plan referred to in the deed was the map prepared for the re-zoning application which reflects 18 lots that were apparently designed for use as building sites. One of these lots shown on the development plan as Lot 19 is 20 ft. wide and 50 ft. long and is located on the west end of the property bought by Patten from Bossier Center and is the lot leased to B & B on which it had commenced the construction of the sign. Patten contends that the added stipulation in the deed to the effect that the development plan is acceptable had the effect of eliminating the clause requiring Bossier Center to consent to the erection of the structure on Lot 19 because Lot 19 was shown on the plat as a place on the property purchased on which structures could be built.

The trial judge in his reasons for judgment found the language of the deed clear and unambiguous and that it required written consent of the vendor for erection of any structure. The trial judge evaluated the evidence concerning the negotiation for this small tract of land as follows:

"Mr. Patten previously had an option on not only the tract purchased but the tract as shown on the attachment to the deed. He paid $10.00 for this option and when it expired he requested another option for the same consideration. Plaintiff refused but offered him one for $2,500.00. Mr. Patten then made an offer to purchase the same portion of the property and received an option extension on the balance. The consideration for this being $5,000.00. An overview of the evidence would indicate that Mr. Patten wanted something for his money and received a small strip of land together with the option on the remainder and that plaintiff, the owner of the property in the rear of the small strip conveyed, desired to have access to such property and approval of any structure thereon as it is evident that they desired for the whole tract to be developed."

Appellants assign as error (1) the trial court's interpretation of the deed requiring Bossier Center, Inc. to approve any structure erected upon the property conveyed, (2) appellants contend that if the deed in fact required Bossier Center's consent to the erection of any structure on the property conveyed that the restriction is invalid because it is against public policy and contrary to Articles 11[1] and 12[2]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Bowen v. Bowen
107 So. 3d 166 (Court of Appeals of Mississippi, 2012)
Alzo Advertising, Inc. v. Industrial Properties Corp.
722 S.W.2d 524 (Court of Appeals of Texas, 1986)
Whitney Nat. Bank of New Orleans v. Poydras Center Associates
487 So. 2d 120 (Louisiana Court of Appeal, 1986)
J. Weingarten, Inc. v. Northgate Mall, Inc.
390 So. 2d 527 (Louisiana Court of Appeal, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
388 So. 2d 826, 1980 La. App. LEXIS 4426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bossier-center-inc-v-b-b-systems-inc-lactapp-1980.