Branch Props., L. L.C. v. Doctor's Point Dev., L. L.C.

273 So. 3d 573
CourtLouisiana Court of Appeal
DecidedMay 22, 2019
DocketNo. 52,687-CA
StatusPublished

This text of 273 So. 3d 573 (Branch Props., L. L.C. v. Doctor's Point Dev., 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
Branch Props., L. L.C. v. Doctor's Point Dev., L. L.C., 273 So. 3d 573 (La. Ct. App. 2019).

Opinion

McCALLUM, J.

Branch Properties, LLC ("Branch") appeals the trial court's denial of its motion for preliminary injunction. Branch filed for a preliminary injunction against Doctor's Point Development, LLC ("DPD"), alleging that DPD restricted or denied access to a right-of-way that it possesses via previous contracts, agreements, or through acquisitive prescription. DPD counters that although Branch does have an undisputed, forty-foot wide pipeline right-of-way, it holds no other right-of-way across DPD property. Branch filed the preliminary injunction in question with regard to an access road that crosses DPD property and leads to the undisputed pipeline right-of-way. For the following reasons, we affirm the trial court.

*575FACTS

Branch owns and operates a subsurface pipeline that traverses DPD's property. It is undisputed that Branch has a forty-foot wide right-of-way with regard to the pipeline. Branch is the owner and operator of the right-of-way through its ancestors in title: (1) Branch's purchase of the rights from Louisiana Gas Corporation in 2015 and (2) Louisiana Gas Corporation's purchase of the rights from the O'Quin and Clark families in 1978.

The pivotal portions of the contracts and agreements in question state the following:

... the right to enter upon the land of undersigned situated in the Parish of Jackson, State of Louisiana, and more particularly described, as follows:
... to construct, lay, maintain, operate, alter, repair, remove, change the size of and replace therein pipelines, and appurtenances thereto (including without limitation all protective equipment) for the distribution or transportation of gas and to open, clear of trees and brush, and to maintain said right-of-way and to keep the same clear of underbrush, trees and other obstructions. Grantee shall also have the right to lay a second pipeline, subject line to be laid adjacent to and parallel with the first.
It is understood and agreed that the right-of-way and easement herein granted shall be forty (40') feet in width.
The grantee shall have the right of ingress and egress to and from said right-of-way herein granted for the purposes herein described.
... Grantor agrees not to construct or permit to be constructed any house, structures, or obstruction on or over said Right of Way that will interfere with the construction, maintenance or operation of said pipeline(s) or appurtenances constructed hereunder.

DPD owns the approximately 140 acres of immovable property through which the pipeline runs. However, DPD does not own the mineral rights to the property. DPD purchased the property, which was mostly timberland, with the plan of building a residential subdivision. Included within its plans for the property were utility lines, both water and electrical, that would impinge upon Branch's pipeline right-of-way. Furthermore, DPD planned to construct a road or multiple roads that would overlie the surface of the pipeline right-of-way.

DPD informed Branch of its plans for the residential community. Thereafter, on March 20, 2018, Branch filed a petition for preliminary injunction and permanent injunction. Originally, Branch filed its cause of action to prevent DPD from building any utility lines or roads across its undisputed pipeline right-of-way. Prior to the hearing, the parties stipulated that DPD could move forward with its plans to construct utility lines and roadways.

Thereafter, Branch alleged that DPD threatened Branch employees with "calling the law" if Branch proceeded to use an access road for "pigging" operations. The access road in question is a road that crosses DPD property, allegedly intersecting or ending as an access point to the forty-foot pipeline right-of-way. Branch argued that it was necessary for it to use the access road for the "pigging" of the pipeline.1 Branch then moved forward with a preliminary injunction with regard to the access road only.

The Court held a hearing on July 19, 2018. After taking evidence and hearing testimony, the trial court took the matter under advisement, allowing the parties to *576brief the issues. With the post-trial briefs filed, the trial court issued its reasons for judgment, denying Branch's preliminary injunction.

DISCUSSION

Louisiana Code of Civil Procedure Article 3601(A) states, "An injunction shall be issued in cases where irreparable injury, loss, or damage may otherwise result to the applicant, or in other cases specifically provided by law[.]" A trial court may grant a preliminary injunction where a party makes a showing of three things: (1) that the injury, loss or damage he will suffer if the injunction is not issued may be irreparable; (2) that he is entitled to the relief sought; and (3) that he is likely to prevail on the merits of the case. See Meredith v. I Am Music, LLC. , 2018-0659 (La. App. 1 Cir. 2/13/19), 265 So.3d 1143 ; see Denta-Max v. Maxicare Louisiana, Inc. , 95-2128 (La. App. 4 Cir. 3/14/96), 671 So.2d 995. Additionally, a preliminary injunction is a procedural device interlocutory in nature designed to preserve the existing status pending a trial of the issues on the merits of the case. Smith v. West Virginia Oil & Gas Co. , 373 So.2d 488, 494 (La. 1979).

Louisiana Code of Civil Procedure Article 3663 states the following:

Injunctive relief, under the applicable provisions of Chapter 2 of Title I of Book VII, to protect or restore possession of immovable property or of a real right therein, is available to:
...
(2) A person who is disturbed in the possession which he and his ancestors in title have had for more than a year of immovable property or of a real right therein of which he claims the ownership, the possession, or the enjoyment.

The grant or denial of a preliminary injunction is left to the sound discretion of the trial court and will not be disturbed on appeal except for a clear abuse of that discretion. Cason v. Chesapeake Operating, Inc. , 47,084 (La. App. 2 Cir. 4/11/12), 92 So.3d 436, 441, writ denied , 2012-1290 (La. 9/28/12), 98 So.3d 840. Although the trial court may consider evidence that would later be submitted for the case on the merits so as to consider the likelihood of the petitioner proving its case for a permanent injunction, it does not actually decide the case on the merits when it grants or denies the preliminary injunction. Therefore, although the appellant has argued significantly the merits of its case, we must simply decide if the trial court clearly abused its discretion when it denied Branch a preliminary injunction.

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Related

Denta-Max v. Maxicare Louisiana, Inc.
671 So. 2d 995 (Louisiana Court of Appeal, 1996)
Smith v. West Virginia Oil & Gas Co.
373 So. 2d 488 (Supreme Court of Louisiana, 1979)
Clovelly Oil Co. v. Midstates Petroleum Co.
112 So. 3d 187 (Supreme Court of Louisiana, 2013)
Cason v. Chesapeake Operating, Inc.
92 So. 3d 436 (Louisiana Court of Appeal, 2012)
Meredith v. I Am Music, LLC
265 So. 3d 1143 (Louisiana Court of Appeal, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
273 So. 3d 573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/branch-props-l-lc-v-doctors-point-dev-l-lc-lactapp-2019.