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Hidden Hills Community, Inc. v. Rogers

869 So.2d 984 (2004)

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Hidden Hills Community, Inc. v. Rogers

Louisiana Court of Appeal

869 So.2d 984 (2004)

Facts

Hidden Hills was a residential community that was subject to certain building restrictions. One of these restrictions was that property owners in the community were required to keep their properties “reasonably neat and clean.” Frank Rogers (defendant) owned a house in the community. Rogers had painted his house with unusual colors in an unusual design and had some decorations hanging from trees on his property. In late 2000, however, the quantity and character of the items Rogers placed outside of his house changed. Roger put thousands of objects around his house, including plastic bottles, political signs, appliances, lawnmowers, animal skulls, toilets, caution tape, banners, and many other bizarre items, placed on the ground, elevated on poles, and suspended from trees. After the neighbors complained to the Hidden Hills community board (the board) (plaintiff), Rogers put even more items outside. The board sued Rogers in September 2001 for violation of the “reasonably neat and clean” provision in the community’s building restrictions. The trial court held in favor of Rogers, determining that the state of Rogers’s house did not violate the restriction. The board appealed. During the appeal, Rogers claimed that the restriction had been extinguished as to his property by prescription.

Rule of Law

Issue

Holding and Reasoning (Gremillion, J.)

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