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Chambless v. Parker

867 So.2d 974 (2004)

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Chambless v. Parker

Louisiana Court of Appeal

867 So.2d 974 (2004)

Facts

Frost Estates was a subdivision in Louisiana that consisted of 18 lots. The lots had all been subdivided and platted from a common owner at the same time. The deeds for 13 of the 18 lots all included the same language imposing building restrictions on the lots. These restrictions provided that only one residence could be located on each lot and that the lots could only be used for residential purposes. Sheila Parker (defendant) purchased two of the lots in the subdivision and intended to use them to rent out mobile-home sites. Parker placed four mobile homes on the property, began renting them, and offered more sites as available to rent on the lots. Both of Parker’s lots had been among the 13 lots that had originally included the building restrictions. A group of other property owners in the subdivision (the other owners) (plaintiffs) sued Parker for violating the building restrictions by having multiple residences and operating a commercial business on her lots. The trial court granted the other owners’ motion for summary judgment, finding that Parker was violating the building restrictions. Parker appealed.

Rule of Law

Issue

Holding and Reasoning (Peatross, J.)

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