Hay v. Grice

379 So. 2d 17, 1979 La. App. LEXIS 3398
Louisiana Court of Appeal·Decided December 3, 1979·No. No. 13992·Published

Opinion

BIGBY, Judge.

Defendant appeals from a judgment permanently enjoining him from using a private road on plaintiff’s property, contending that the road has become public because of the tacit statutory dedication. Louisiana Revised Statutes 48:491. We affirm.

The evidence conflicted, but the preponderance of the evidence and the testimony of disinterested witnesses supports the trial court’s conclusion that the road has never been considered as a parish road or routinely and regularly maintained by the Police Jury. See Rowe v. Harvey, 307 So.2d 103 (La.App. 1st Cir. 1974); Jackson v. Logansport, 322 So.2d 281 (La.App. 2d Cir. 1975). See also Robinson v. Beauregard Parish Police Jury, 351 So.2d 113 (La.1977).

The ownership of the property of plaintiff and defendant and the location of the road in question are depicted on this reproduction from a plat in the record:

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Hay v. Grice, 379 So. 2d 17, 1979 La. App. LEXIS 3398 (La. Ct. App. 1979).

379 So. 2d 17 (Hay v. Grice) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Robinson v. Beauregard Parish Police Jury
351 So. 2d 113 (Supreme Court of Louisiana, 1977)
Rowe v. Harvey
307 So. 2d 103 (Louisiana Court of Appeal, 1975)
Jackson v. Town of Logansport
322 So. 2d 281 (Louisiana Court of Appeal, 1975)