Stelly v. Blanchard

207 So. 3d 557, 16 La.App. 3 Cir. 250, 2016 La. App. LEXIS 1915
CourtLouisiana Court of Appeal
DecidedOctober 19, 2016
DocketCA 16-250
StatusPublished

This text of 207 So. 3d 557 (Stelly v. Blanchard) 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
Stelly v. Blanchard, 207 So. 3d 557, 16 La.App. 3 Cir. 250, 2016 La. App. LEXIS 1915 (La. Ct. App. 2016).

Opinion

SAVOIE, Judge.

| t Plaintiffs appeal the trial court’s judgment granting Defendants’ exception of prescription as to Plaintiffs’ claim seeking to annul a tax sale. For the reasons that follow, we reverse the ruling of the trial court and remand the matter for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

In their petition, Plaintiffs, Frederick and Elizabeth Stelly, state that they “recently acquired” all of Doris Bijeaux’s interest in “a certain 40 acre tract of land situated in the North Half of the Northeast Quarter of Section 1, Township 9 South, Range 6 East,” in St. Martin Parish, Louisiana. This property is referred to by the parties as “the Troisimond Bijeaux Tract.” Plaintiffs allege that Doris, who was Trosimond’s granddaughter, was Tro-simond’s heir, and “possessed not less than a ⅝ undivided interest” in this property. It is unclear from the record how or when Doris or the Plaintiffs acquired this property.

Plaintiffs suggest in their petition that a June 8, 2007 tax sale transferring property to Marlin d’Augereau involves the same property they acquired from Doris Bijeaux. They assert that the tax deed is absolutely null due to the tax collector’s failure to provide the constitutionally required notice of seizure and sale. They also assert that subsequent transfers of the property from Marlin d’Augereau to Defendants herein are also null.

On June 8, 2007, a tax deed transferring property to Marlin d’Augereau was filed into the St. Martin Parish conveyance records. The tax deed includes the following language:

Be it known that I, Ronald J. Theriot, Sherriff and Ex-Officio Tax Collector of the Parish of St. Martin, State of Louisiana ... BIJEAUX, TROSIMOND CYRIL EST. having been assessed with lathe property hereinafter described for the year 2006, the taxes thereon having become delinquent ... I made out and mailed to SAID BIJEAUX, TROSI-MOND CYRIL EST. by registered letter, a notice in conformity with said laws and the said BIJEAUX, TROSIMOND CYRIL EST. failing to pay the amount of taxes, interest, costs, etc., due by him as shown by the said assessment rolls of 2006; I caused to be seized and advertised for sale in the TECHE NEWS in the manner prescribed by law, a weekly newspaper published in the City of St. Martinville, Louisiana, it being the Official Journal of the Parish of St. Martin-ville. Said advertisement appearing in its issues from the 2 day of May, 2007, to the 30 day of May, 2007, of the following described property, viz:
-Parcel—0610000967-
Value 360 Homestead:
40 AC: BIJEAUX, BIJEAUX, BIJEAUX
COB: 198-502
All of said property being situated in Ward No. 4E in the Parish of St. Martin. The amount of taxes, interest, and costs due on said property by said Tax Debtor is [$117.38.]
And I, the said Ronald J. Theriot, Sherriff and Ex-Officio Tax Collector ... on the 6 day of June 2007, it being the day for said sale named in said advertisement, and after complying with all formalities, did offer for sale the least quantity of the above-described property that any bidder would buy for taxes, interests and costs. And there being no bidder for less than the whole of said property, and MARLIN d’AUGEREAU ... bidding the amount of taxes, inter[560]*560est, and costs ... ($117.38), which amount the said MARLIN d’AUGER-EAU paid in cash ....
[[Image here]]
Now therefore, I, Ronald J. Theriot, Sherriff and Ex-Officio Tax Collector ... do hereby grant, bargain, sell, transfer, assign, set over and deliver a full and complete title in the name of the State of Louisiana unto the said Purchaser his heirs and assigns.
The whole of said property which the said BIJEAUX, TROSIMOND CYRIL EST. (Owner) has or had in the same, with the right of the purchaser, MARLIN d’AUGEREAU, to be put in actual possession of said property by order of any court of competent jurisdiction. It, however, being understood and stipulated that ... the owner of said property may redeem the same at any time within three (3) years from the date of filing this deed [.]

|sThe 2007 tax deed was signed by the “Chief Deputy Tax Collector,” and witnessed by two parties. A copy of a certified mail return receipt also appears with the 2007 tax deed in the conveyance records. The return receipt reflects that the sender of the certified parcel was “St. Martin Sherriff s Office Tax Dept.,” and that the article was addressed to

00906405 BIJEAUX, TROSIMOND CYRIL EST.
C/O PAULINE BLANCHARD, JR. 4412-D MAIN HWY.
BREAUX BRIDGE, LA 70517

The return receipt was signed by Steven Blanchard on April 9, 2007. Steven testified that Pauline Blanchard is his father, but that Pauline was deceased. According to Steven, his brother, Clarence Blanchard, was handling Pauline’s estate as of this date. The date of Pauline’s death is unknown, and it is unclear whether Pauline’s succession was ever opened. Steven also testified that after he signed for the certified parcel, he gave the envelope to his brother Clarence later in the day. Steven indicated that Clarence is now deceased.

On September 11, 2012, an Act of Cash Sale was recorded into the St. Martin Parish conveyance records reflecting the sale of property in St. Martin Parish to Terry Blanchard and his wife Donna, which is described as follows (emphasis added):

That certain lot of ground, situated together with all Buildings and improvements thereon situation [sic] in the Nl/2 of NE1/4, Sec. 1, T. 9 S, R 6 E, containing 40 acres, more or less, bounded North by Dupuis or assigns, formerly Now a public road, East by Bennet Talley or assigns, South by Alexandre Boyer or assigns and West by Callier or assigns. Being part of the property acquired by Alton Bijeaux via Sale recorded under Entry No. 83360, Book 198, Folio 502. Being then same property acquired by Marlin D’Augereau via Tax Sale recorded on June 10, 2007 under Entry No. 400804, Book 1472, Folio 297.

UTerry Blanchard indicated that he subsequently donated a portion of the property he acquired to Steven and Amanda Blanchard, and Brandon and Lyndon Sick-ey. Terry and Donna Blanchard, Steven and Amanda Blanchard, and Brandon and Lyndon Sickey are the defendants in Plaintiffs’ action.1

[561]*561In response to Plaintiffs’ petition, Defendants filed an exception of prescription, noting La. Const, art. 7 § 25(C), which states (emphasis added):

No sale of property for taxes shall be set aside for any cause, except on proof of payment of the taxes prior to the date of the sale, unless the proceeding to annul is instituted within six months after service of notice of sale.... It must be served within five years after the date of the recordation of the tax deed if no notice is given.

Plaintiffs’ petition was filed more than five years after the 2007 tax deed was recorded.

A hearing on Defendants’ exception was held on April 21, 2014, before the Honorable Judge James McClelland. Testimony was elicited from Terry Blanchard and his brother Steven Blanchard.

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Bluebook (online)
207 So. 3d 557, 16 La.App. 3 Cir. 250, 2016 La. App. LEXIS 1915, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stelly-v-blanchard-lactapp-2016.