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Palomeque v. Prudhomme

Louisiana Supreme Court
664 So.2d 88 (1995)

Written by Carolyn Strutton, JD

Facts

Dr. F. E. Palomeque (plaintiff) and chef Paul Prudhomme (defendant) owned property in New Orleans that shared a common wall. Palomeque owned a condominium on the second floor of a building, and Prudhomme owned a one-story building next door. There were windows in the common wall on the second-floor level of Palomeque’s building that had been installed when that building was converted to condominiums. Prudhomme applied for a permit to add a second-story addition to his property, which would require blocking up Palomeque’s windows in the common wall. Palomeque sued Prudhomme for injunctive relief to prohibit Prudhomme from adding the second-story addition. Palomeque claimed that he had a acquired a servitude for light and view from his windows by acquisitive prescription. The trial court initially granted a preliminary injunction but after trial held that servitudes of light and view could not be acquired by acquisitive prescription and denied the permanent injunction. The court of appeals affirmed the trial court’s decision. Palomeque appealed, and the Louisiana Supreme Court granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (Marcus, J.)

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