Griffin v. Lago Espanol, LLC

808 So. 2d 833, 2000 La.App. 1 Cir. 2544, 2002 La. App. LEXIS 228, 2002 WL 228006
CourtLouisiana Court of Appeal
DecidedFebruary 15, 2002
Docket2000 CA 2544
StatusPublished
Cited by8 cases

This text of 808 So. 2d 833 (Griffin v. Lago Espanol, LLC) 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
Griffin v. Lago Espanol, LLC, 808 So. 2d 833, 2000 La.App. 1 Cir. 2544, 2002 La. App. LEXIS 228, 2002 WL 228006 (La. Ct. App. 2002).

Opinion

808 So.2d 833 (2002)

Aaron GRIFFIN
v.
LAGO ESPANOL, L.L.C.

No. 2000 CA 2544.

Court of Appeal of Louisiana, First Circuit.

February 15, 2002.

*835 L. Stephen Rastanis, Baton Rouge, Counsel for Plaintiff/Appellant Aaron Griffin.

Amy D. Berret, Baton Rouge, Counsel for Defendant/Appellee Lago Espanol, L.L.C.

Before: FITZSIMMONS, DOWNING, and LANIER,[1] JJ.

WALTER I. LANIER, JR., J. Pro Tem.

This is a possessory action. The plaintiff, Aaron C. Griffin, contends that he is entitled to the legal possession of twenty-two (22) acres of land in the E ½ and W ½ of Lot 8, Section 19, Township 9 South, Range 2 East in Iberville Parish, Louisiana. He asserts that his possession was disturbed and/or he was evicted from the property by the defendant, Lago Espanol, L.L.C. (Lago) on January 19, 1998. Lago answered the petition, asserted a peremptory exception raising the objections of no right of action and no cause of action in the answer and asserted a reconventional demand for damages in tort. Griffin subsequently amended his petition claiming the right to possess 36.531 acres. Lago filed a peremptory exception raising the objection of prescription asserting that "Griffin lost such possession by numerous disturbances in both law and fact that occurred during the period of 1966 until his ultimate eviction on January 19, 1998." Apparently, this exception was referred to the merits. After a trial on the merits, the trial court sustained the peremptory exception raising the objection of prescription and dismissed the plaintiffs petition with prejudice at his costs. Griffin took this devolutive appeal.

FACTS

Griffin began using the property in dispute in 1966. He had no title to the *836 property and paid no taxes on it. Griffin's activities on the property were riding a three wheeler and keeping a few goats, a cow or two and, perhaps, some horses on it. There were some out buildings on the property. There was a fence around at least part of the property. The trial court found it was unclear who may have built the fence and when it was repaired, but determined that the plaintiff kept up the fence.

Lago and its predecessor in title, Denkmann Associates (Denkmann), paid the taxes on the property from 1979 through 1997. The Bayou Paul Hunting Club has leased the property from the defendant and its predecessor since 1987. In 1995, Denkmann leased a piece of the property located in St. Gabriel, Louisiana, to Griffin for residential purposes. This lease stated that the property leased and the surrounding property was owned by Denkmann.

From January to March of 1997, representatives of Lago and representatives of Gulf Engineers & Consultants surveyed the property for the purpose of using the property for mitigation banking to obtain a conservation servitude. Bruce Monroe, a land manager for Lago, made occasional visits to the property from 1995 to the end of 1997. In April of 1997, Monroe received information that some work had been done on the fence surrounding the property. On April 9, 1997, Monroe sent a letter to all of the defendant's lessees who lived on the cul-de-sac adjacent to the property, including Griffin. The letter stated:

Dear Mr. Griffin:
It has come to my attention that possibly a fence has been constructed on the property south of your house. This is property owned by Lago Espanol, L.L.C. just like the property on which your house is currently placed. No one has been given the authority to construct such a fence. This situation must be immediately rectified. If I have not heard from the responsible party by noon, Friday, April 18, 1997, then I will take matters into my own hands.
Regards, Bruce M. "Buck" Monroe

Griffin contends that he did not receive this letter. Approximately two weeks later, Ronald Gremillion, an employee of the defendant, was sent to talk to Griffin about the letter and to make sure work on the fence had stopped. At that time, Griffin told Gremillion that he was not the party responsible for the work and made no claim of ownership to the property. On this visit, Gremillion noticed that the work on the fence had stopped.

In October of 1997, Badger Oil Company, pursuant to a lease agreement with the defendant, began drilling operations for oil on the property. The entire process from clearing the site to drilling took approximately five months. All of Griffin's neighbors and Griffin saw these operations.

On January 19, 1998, Lago sent Griffin a letter notifying him that the lease on his house and lot was being terminated. A second letter was sent to Griffin advising him that Lago had been given information that Griffin was conducting cattle operations on the property and these operations were not permitted. In this letter, Lago claimed ownership of the property and told Griffin that he had no right to conduct cattle operations or any other activities on the property. The letter demanded that the plaintiff vacate the property and remove all of his belongings from the premises, including the disputed property, by January 31, 1998. Griffin then filed this action against Lago claiming that this letter disturbed his peaceful possession of the property.

*837 THE LAW

This is a possessory action provided for in La. C.C.P. art. 3655 et seq. It is being brought by an alleged possessor of immovable property seeking to be maintained in his possession of the property after a disturbance. La. C.C.P. art. 3658 provides as follows:

To maintain the possessory action the possessor must allege and prove that:

(1) He had possession of the immovable property or real right therein at the time the disturbance occurred;
(2) He and his ancestors in title had such possession quietly and without interruption for more than a year immediately prior to the disturbance, unless evicted by force or fraud;
(3) The disturbance was one in fact or in law, as defined in Article 3659; and
(4) The possessory action was instituted within a year of the disturbance.

OBJECTION OF PRESCRIPTION

Lago's peremptory exception raising the objection of prescription asserts, in pertinent part, that "even if Griffin was in possession of the tract in question (which Lago denies), Griffin lost such possession by numerous disturbances in both law and fact that occurred during the period of 1966 until his ultimate eviction on January 19, 1998." This language implies that La. C.C.P. art. 3658(2) provides for a liberative prescription of one year and that since there were disturbances of Griffin's possession within one year of the date of the disturbance complained of in the petition, Griffin lost his right of possession.

In his oral reasons for judgment, the trial judge stated the following:

Having said those things, let me point out that Mr. Griffin was evicted on January 19, I believe, of 1998, and filed suit on January 14 or something of '99, within a year of the eviction. But I believe that he should have brought up, he should have done something by maybe April of 1998 or certainly no later than November or some time in 1999. The well went in November or October of '97. So it would have been October or November of '98. Having failed to do this, the court is of the opinion that he did not institute his action within one year, and the court feels that the exception of prescription should be sustained and so rules.

This language implies that La. C.C.P. art.

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Bluebook (online)
808 So. 2d 833, 2000 La.App. 1 Cir. 2544, 2002 La. App. LEXIS 228, 2002 WL 228006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffin-v-lago-espanol-llc-lactapp-2002.