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Dickerson v. Coon

Louisiana Court of Appeal

71 So.3d 1135 (2011)

Facts

Dickerson (plaintiff) owned an enclosed parcel of land. Coon (defendant) owned an adjoining tract that offered the closest access point to a public road from Dickerson’s land. Dickerson sued Coon to obtain a right of passage over Coon’s land. Dickerson suggested two options for the access. The first was over an existing logging road, and the second would run in the same general area but would be shorter overall. Coon did not dispute the right of passage but asked that it be granted from another section of his land, nearer to a border of his property. This proposed access would be substantially longer and more costly, but Coon claimed that Dickerson’s proposed access routes would bisect Coon’s land, disturb hunting, and cut through a desirable potential home site. The trial court granted Dickerson a right of passage for the shortest-route option and did not award any damages to Coon. Coon appealed.

Rule of Law

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Issue

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Holding and Reasoning (Stewart, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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