Lafayette City-Parish Consolidated Government v. Person

126 So. 3d 1, 11 La.App. 3 Cir. 333, 2011 WL 6823080, 2011 La. App. LEXIS 1645
CourtLouisiana Court of Appeal
DecidedDecember 29, 2011
DocketNo. 11-333
StatusPublished
Cited by2 cases

This text of 126 So. 3d 1 (Lafayette City-Parish Consolidated Government v. Person) 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
Lafayette City-Parish Consolidated Government v. Person, 126 So. 3d 1, 11 La.App. 3 Cir. 333, 2011 WL 6823080, 2011 La. App. LEXIS 1645 (La. Ct. App. 2011).

Opinions

PETERS, J.

I,The litigation arises from efforts by the Lafayette, Louisiana City-Parish Consolidated Government (City-Parish) to acquire title to immovable property owned by Jeffrey and Sheila Person by expropriation for the purpose of extending an existing road into a residential subdivision in the City of Lafayette. The Persons appeal the trial court judgment allowing the City-Parish to acquire title to the disputed property by expropriation. For the following reasons, we reverse the trial court judgment and render judgment in favor of the Persons, rejecting the City-Parish’s attempt to use the power of expropriation in this instance.

FACTS AND PROCEDURAL HISTORY

The record before us contains numerous exhibits filed by the litigants. While the exhibit record is substantial, only five witnesses testified at trial: Thomas R. Carroll, III, the City-Parish Director of Public Works; Tony R. Tramel, the City-Parish Director of Traffic and Transportation; Shelley Breaud, The Settlement Residents’ Association President; Jeffrey C. Person; and Dr. Douglas Wiersig, the owner of a Houston, Texas private consulting engineering firm. The background of the litigation is provided primarily through the exhibits while the justification for expropriation, or lack thereof, is derived primarily from the testimony of the witnesses.

The trial record establishes that The Settlement Subdivision (The Settlement) is a residential subdivision in the City of Lafayette that was developed in 1979, and currently contains approximately 158 residential units. It is located northwest of the intersection of two major streets in Lafayette: Kaliste Saloom Road (Kaliste Saloom), which runs generally northeast and southwest; and Ambassador Caffery Parkway (Ambassador Caffery), which runs generally northwest and southeast. The original plan of The Settlement provided for three |2points of ingress and egress, all onto Kaliste Saloom: Old Settlement Road (Old Settlement), which is the closest to the intersection of Kaliste Saloom and Ambassador Caffery; North Meyers Road (North Meyers), which is the next intersection proceeding southwest on Kaliste Saloom; and Rue Chavaniac, which [3]*3is farther to the southwest on Kaliste Sa-loom. Ambassador Caffery is a four-lane street both north and south of its intersection with Kaliste Saloom. On the other hand, Kaliste Saloom is a four-lane street northeast of its intersection with Ambassador Caffery, but converts to a two-lane street southwest of that intersection. All three of The Settlement’s access points intersect the two-lane section of Kaliste Saloom.

When The Settlement was dedicated in 1979, the dedication included a public right-of-way over a “stub-out” area approximately 125 feet in depth, located on the northeast side of Old Settlement between Lots 10 and 79 of the subdivision, and approximately 1,000 feet from Old Settlement’s intersection with Kaliste Saloom. The depth of the stub-out corresponded to the depth of the two lots, and the stub-out area is identified on the plats in the record as Homestead Way. The northeastern boundary of the stub-out area lies adjacent to the southwest boundaries of property belonging to the Persons and the First Lutheran Church.

The City-Parish’s intent in filing the expropriation proceeding was to acquire immovable property along the southern boundary line of the Persons’ property to connect Old Settlement with Settlers Trace Boulevard (Settlers Trace), a street which runs north of, and parallel to, Kal-iste Saloom, but that terminates at a point approximately 700 feet from the easternmost point of the stub-out and at its intersection with West Farrel Boulevard (West Farrel), a road which runs 1 ^generally northwest and southeast1 and intersects Kaliste Saloom at a point east of its intersection with Old Settlement.

The immovable property the City-Parish seeks to expropriate consists of 10,596 square feet for the right-of-way itself along the 429.47-foot southern boundary of the Persons’ property, together with an additional 6,633-square-foot area for a public facility servitude. At no time prior to the action by the City-Parish was the Persons’ southern property line subject to a public or private right-of-way.

The facts giving rise to this litigation began to develop in the early 1990s. At some point after The Settlement was dedicated in 1979, the property owners formed the “Settlement Residents’ Association” (Association) governed by a board of directors (Board).2 The Board delegated responsibility to different committees it created to formulate policy and make recommendations concerning certain aspects of subdivision life to the membership. One of those committees pertinent to this litigation is the Traffic Committee. However, the first action, which ultimately became a part of this litigation, appears to have come from individuals seeking to abandon the public right-of-way evidenced by the stub-out.

On March 23, 1999, at the request of individuals purporting to represent The Settlement,3 the City-Parish Council en[4]*4acted an ordinance abandoning the right of |4way across the stub-out area. A few days later, on April 1, 1999, the City-Parish President executed an act of abandonment that conformed to the ordinance. The act of abandonment specifically declared that the City-Parish Council had determined “that said right-of-way is no longer needed for public purposes.” However, on November 6, 2007, the City-Parish Council reversed itself by enacting a new ordinance declaring “the construction of the Settlers Trace Extension project to be a public necessity.” The extension project referred to in this ordinance was the project to connect Settlers Trace into Homestead Way, which, of necessity, required the acquisition of property belonging to the Persons.

The City-Parish then began actively pursuing the acquisition of the necessary rights-of-way and public-facility servitudes from four different property owners to begin construction on the extension project. It purchased the required rights-of-way from three of the affected property owners, but the Persons refused to sell. On February 11, 2010, the City-Parish filed a petition to expropriate the Persons’ property. The only issue before the trial court was whether the City-Parish was entitled to the expropriation remedy.

The record before us includes minutes of meetings of the Association, its Board, and its various committees. A reading of these exhibits reflects that while other reasons for the project at issue were stated, the driving force for the extension of Settlers Trace into Homestead Way has been an attempt to address the complaints from some subdivision residents concerning problems exiting onto Kaliste Saloom from Old Settlement during peak traffic periods. These same exhibits make it clear that the Settlers Trace-extension project was popular, even |fiwith advocates, only if every effort could be made to prohibit or impede the public’s use of the extension.

As early as March 2003, the Association had pursued the idea of having a traffic light installed at the intersection of Old Settlement and Kaliste Saloom, but a traffic survey performed by the City-Parish’s engineering department revealed that “there was generally insufficient traffic volume and/or historical traffic crashes to warrant the installation of a traffic light.” A consultant hired by the Association to review the results of the traffic survey concurred in the findings.

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126 So. 3d 1, 11 La.App. 3 Cir. 333, 2011 WL 6823080, 2011 La. App. LEXIS 1645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lafayette-city-parish-consolidated-government-v-person-lactapp-2011.