Quimbee logo
DMCA.com Protection Status

RCC Properties, L.L.C. v. Wenstar Properties, L.P.

930 So.2d 1233 (2006)

Case BriefRelatedOptions
Study Aids
Case Briefs Overview
Casebooks
Case Briefs
R
From our private database of 30,500+ case briefs...

RCC Properties, L.L.C. v. Wenstar Properties, L.P.

Louisiana Court of Appeal

930 So.2d 1233 (2006)

Facts

AZT Winnsboro Louisiana, Inc. (AZT) owned adjacent parcels of land and sold one of the parcels to Wenstar Properties, L.P. (Wenstar) (defendant). Wenstar bought the parcel in order to operate a Wendy’s restaurant franchise on it. As part of the sale agreement, AZT granted a servitude to Wenstar over the adjoining parcel. This servitude prohibited the adjoining parcel from being used for the operation of any restaurant with a drive-in window that sold burgers or chicken sandwiches as its primary business. The terms of the agreement granted this servitude for a period of 20 years, and the agreement was properly recorded. A few years later, AZT sold the servient parcel to RCC Properties, L.L.C. (RCC) (plaintiff). RCC subsequently received an offer for that property from a corporation that wanted to acquire the parcel to build and operate a Kentucky Fried Chicken restaurant franchise. The potential purchaser would not agree to the sale, however, with the servitude agreement in place. RCC filed a petition seeking a declaratory judgment asking for the servitude to be declared invalid or inapplicable. The trial court held that the servitude was invalid because it was unclear and ambiguous. Wenstar appealed.

Rule of Law

Issue

Holding and Reasoning (Drew, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 551,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 551,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 30,500 briefs, keyed to 984 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 551,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 30,500 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Property

Key Terms