Kennedy v. Kennedy
Louisiana Supreme Court
699 So. 2d 351 (1997)

- Written by Carolyn Strutton, JD
Facts
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
Issue
Holding and Reasoning (Knoll, J.)
Dissent (Johnson, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.