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Miller v. Seven C’s Properties, LLC
Louisiana Court of Appeal
800 So. 2d 406 (2001)
Pierre Valcour Miller (plaintiff) was a co-owner of a tract of property in Cameron Parish, Louisiana. Miller believed that the levee system around the property was in need of maintenance and repairs to ensure its integrity and to prevent the encroachment of salt water. Miller’s co-owners (defendants) disagreed that the work on the levees was necessary. Miller filed suit for a declaratory judgment against his co-owners, seeking a court declaration that the maintenance and repairs amounted to necessary expenses and that he was therefore entitled to be reimbursed by his co-owners for their portion of the expense. Some of the co-owners filed exceptions, alleging that no cause of action existed, and others denied that Miller’s proposed repairs were necessary. The trial court dismissed the case, holding that there was no cause of action because co-owners were only allowed to be reimbursed for necessary expenses that they had already incurred, and Miller had not yet incurred any expenses. Miller appealed.
Rule of Law
Holding and Reasoning (Sullivan, J.)
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