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Kennedy v. Kennedy
Louisiana Supreme Court
699 So. 2d 351 (1997)
Helena Kennedy (plaintiff) held a usufruct over 143 acres of timberland. Walter Kennedy (defendant) held naked ownership of the land. The land consisted largely of overmature pine trees, which were nearing the end of their life span and at risk of decay and disease. Helena wished to clear-cut the majority of the land and replant the land with seedlings. Walter opposed this forestry plan. Helena sought a declaratory judgment allowing her to proceed with the clear-cut. The trial court held that Helena was entitled to undertake the clear-cut. Walter appealed. The court of appeal overturned the trial court’s ruling, holding that Helena was only entitled to a selective cutting of a smaller portion of the tract. Helena appealed.
Rule of Law
Holding and Reasoning (Knoll, J.)
Dissent (Johnson, J.)
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