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Parish of East Feliciana v. Guidry

923 So. 2d 45 (2005)

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Parish of East Feliciana v. Guidry

Louisiana Court of Appeal

923 So. 2d 45 (2005)

Facts

Jeremy and Amber Guidry (defendants) built a motocross track on their rural property for recreational use. Approximately one year later, the Guidrys built a larger track and began operating it as a commercial motocross enterprise. Motorcycles would practice and race at the track, sometimes dozens of them at a time, most days from the morning until dark. The parish of East Feliciana (plaintiff) received many complaints from the Guidrys’ neighbors (plaintiffs) about the incredible noise and pervasive dust that the motocross track caused in the area. The parish eventually filed a petition for a preliminary and permanent injunction to stop the Guidrys from operating the commercial track, alleging that its operation violated the parish’s noise and nuisance ordinances. Numerous neighbors joined the parish’s suit as intervenors, also seeking to enjoin the operation of the track as a nuisance. The trial court granted the preliminary injunction, and the case went to trial. At trial, the evidence showed that the noise generated by the motorcycles at the track was almost constant, very loud, and incredibly irritating to the Guidrys’ neighbors. The trial court granted the permanent injunction, and the Guidrys appealed.

Rule of Law

Issue

Holding and Reasoning (McClendon, J.)

Concurrence/Dissent (Guidry, J.)

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