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Band v. Audubon Park Commission

936 So. 2d 841 (2006)

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Band v. Audubon Park Commission

Louisiana Court of Appeal

936 So. 2d 841 (2006)

Facts

The Audubon Park Commission (defendant) operated Audubon Park, a public park owned by the City of New Orleans that had been in existence for more than 130 years. The park was bordered by a number of privately owned properties, some of which had structures or fences that encroached onto the park’s property. David and Ilonka Band (plaintiffs) purchased one of these adjacent properties in 1981. The Bands were aware at the time of their purchase that their newly acquired property included a metal fence and a patio that in actuality were located on park property. In 2003, the park commission informed the owners of adjacent properties that had structures encroaching onto park land that they must either remove the encroachments or pay a lease fee to the park for the property in question. All of the owners agreed to comply with one of these alternatives, except for the Bands. The Bands sued the park commission, alleging that they had acquired the property on which their fence and patio were located through acquisitive prescription. The trial court granted the park commission’s motion for summary judgment. The Bands appealed.

Rule of Law

Issue

Holding and Reasoning (McKay, J.)

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