Phipps v. Schupp
Louisiana Supreme Court
45 So.3d 593 (2010)
- Written by Carolyn Strutton, JD
Facts
Richard Katz owned land in New Orleans and had a concrete driveway installed that ran from the public road through the lot. Katz eventually subdivided his land into two adjacent lots. One of the lots was enclosed and only had access to a public road via the concrete driveway that now ran over the other lot under the subdivision plan. When the enclosed lot was sold to the Phippses (plaintiffs), they used the concrete driveway to access their lot, both by vehicle and on foot. The other lot eventually came to be owned by Cynthia Schupp and Roland Cutrer (defendants). Schupp and Cutrer first enclosed a carport that prevented the Phippses from using the driveway for vehicles and then later erected a fence that completely blocked even pedestrian access from the driveway to the Phippses’ lot. The Phippses filed suit to have their right of passage recognized and to have the carport enclosure and fence removed. The trial court granted Schupp and Cutrer summary judgment, finding that the Phippses were unable to prove a servitude existed. The court of appeal affirmed the trial court decision, and the Phippses appealed.
Rule of Law
Issue
Holding and Reasoning (Ciaccio, J.)
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