Bryan v. City of Shreveport

519 So. 2d 328, 1988 La. App. LEXIS 81, 1988 WL 3536
CourtLouisiana Court of Appeal
DecidedJanuary 20, 1988
DocketNos. 19243-CA, 19244-CA
StatusPublished
Cited by1 cases

This text of 519 So. 2d 328 (Bryan v. City of Shreveport) 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
Bryan v. City of Shreveport, 519 So. 2d 328, 1988 La. App. LEXIS 81, 1988 WL 3536 (La. Ct. App. 1988).

Opinions

LINDSAY, Judge.

These consolidated cases concern the efforts of the City of Shreveport, through its Airport Authority, to enforce an airport zoning ordinance by requiring certain landowners to trim or prune trees on their property. The trial court sustained the landowners’ plea of prescription of two years under LSA-R.S. 9:5625. The city appealed. For the following reasons, we affirm.

FACTS

The landowners, John Bryan, W.F. “Tucker” Bryan, Kathryn Bryan, and Jonathan Carver, own property located within the approach or clear zone for runway 14 of the Shreveport Regional Airport. The Bryan property is located on U.S. Highway 80 near its intersection with Metro Drive, while the Carver property is further from the airport, lying off of Maywood Drive. In April, 1985, the landowners were notified by the Shreveport Airport Authority (SAA) that certain trees on their property exceeded the height allowed by Ordinance 345 (1978), Section 8-81 of the Shreveport Code of Ordinances.

Specifically, Section 8-81 states in pertinent part:

(a) Except as otherwise provided in this Ordinance, no structure or tree shall be erected, altered, allowed to grow, or be maintained in any zone created by this Ordinance to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:
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(2) PRECISION INSTRUMENT RUNWAY ZONE (RUNWAY 13/311): Slopes upward fifty (50) feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward forty (40) feet horizontally for each foot vertically to an additional horizontal distance of 40,-000 feet along the extended runway centerline.

James Edward Bennett, the director of airports for the city of Shreveport and the executive director of the SAA, testified that periodically the National Oceanic and Atmospheric Administration (NOAA) conducts surveys to identify areas near the airports where obstructions appear to exist. In January of 1981, field surveys were performed on land surrounding the Shreveport Regional Airport. Pursuant to this survey, an obstruction chart was compiled. The chart was published in August, 1981. This obstruction chart was furnished to the SAA for the specific purpose of advising the SAA of the existence of obstructions which might affect airport operations.

The obstruction chart indicates the tallest obstruction in a general area. Mr. Bennett testified that a darkened dot placed on the chart identifies an object that penetrates a specified slope of the clear zone.

Several other exhibits, including an aerial photograph identified by Mr. Bennett, show the location of the properties of the landowners involved in this case. On the obstruction chart, the properties at issue are situated in close proximity to the ILS (Instrument Landing System) middle marker in the approach zone to runway 14. At the approximate location of the Bryan property is a black dot with a notation that signifies a tree of 340 feet in height.2 In the vicinity of the Carver property is a notation signifying a tree which is 347 feet tall.2 Other trees are located in the vicinity of those noted; only the tallest trees are identified by their height in feet. The height of the trees shown on the chart are in excess of the heights allowed by the airport zoning ordinance.

Mr. Bennett testified that failure to remove the obstructions would result in the Federal Aviation Administration (FAA) raising their landing “minimums” so that [330]*330runway 14 could not be used in certain periods of inclement weather.

Following receipt of the obstruction chart, no immediate steps were taken by the SAA to cause the obstructions to be removed. The landowners introduced into evidence a copy of a letter dated October 12, 1982, from E.M. Jolley, the city’s consulting civil and structural engineer, to Ron Staley of the Houston Airport’s District Office of the FAA. In this letter, Mr. Jolley acknowledged that there were obstructions in the approaches to runways 14 and 32, and he advised Mr. Staley of the status of clearing these approaches. In April, 1985, the SAA requested the landowners’ permission to clear or prune some of the trees on their properties. The landowners did not consent.

In December, 1986, engineers employed by the city compiled an individual clearing and tree topping chart, which was admitted into evidence. This chart listed all of the trees on the Bryan and Carver properties, and showed their heights. Also indicated was the amount of cutting required to reduce the height of the trees to the fifty-to-one approach slope required for the approach zone. Thirteen of the sixteen trees on the Bryan property were too high, as were fourteen of the twenty trees on the Carver property. Some of the trees exceeded the height allowed by the zoning ordinance by more than twenty feet.

The Bryans applied to the Shreveport Airport Authority to be allowed to maintain the trees on their property. The Airport Authority denied their application and directed the landowners to allow the SAA to cut the trees. The landowners were advised that their failure to consent would result in action against them by the Office of the Shreveport City Attorney. The Bryans appealed the SAA decision, first to the Metropolitan Shreveport Board of Appeal and then to the Shreveport City Council, both of which upheld the original decision requiring the cutting of the trees.

Following the adverse rulings, the Bryans filed suit in the district court on November 12, 1986, seeking judicial review of the city council decision (No. 19,243-CA). Shortly thereafter, on November 21, 1986, the city filed suit to obtain injunctive relief against the Bryans and Mr. Carver to prohibit them from maintaining trees on their properties which were taller than the maximum height allowed by the ordinance (No. 19.244-CA). The landowners answered with several affirmative defenses, including the plea of prescription.

The cases were consolidated for trial. The court first addressed the issue of prescription. The court found that the obstruction chart, prepared in 1981, gave the city written notification of the violation of the ordinance. At that point, the two-year prescriptive period provided in LSA-R.S. 9:5625 commenced. Upholding the plea of prescription, the trial court reversed the decision of the city council in No. 19,243-CA, and dismissed the city’s petition in No. 19.244-CA.

The city filed a devolutive appeal. It assigned as error the trial court’s conclusion that the running of prescription began when the city received the 1981 obstruction chart.

LAW

The relevant prescription statute which is applicable in this zoning case is LSA-R. S. 9:5625. The statute provides in pertinent part:

A. All actions civil or criminal, created by statute, ordinance or otherwise, ... which may be brought by parishes, municipalities or their instrumentalities or by any person, firm or corporation to require enforcement of and compliance with any zoning restriction, building restriction or subdivision regulation,

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519 So. 2d 328, 1988 La. App. LEXIS 81, 1988 WL 3536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryan-v-city-of-shreveport-lactapp-1988.