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Robichaux v. Huppenbauer

Louisiana Supreme Court
245 So. 2d 385 (1971)

Written by Carolyn Strutton, JD

Facts

Huppenbauer (defendant) owned and operated a horse stable in the center of New Orleans. Huppenbauer used the stable in connection with his business of running horse-drawn carriages for tourists in the French Quarter. The stable, however, was poorly managed and unhygienic. Noxious odors, rats, flies, and other insects were pervasive in the stable and infested neighboring properties. Robichaux and other neighbors of the stables (the neighbors) (plaintiffs) sued Huppenbauer to enjoin him from operating the stable on those premises. The trial court granted the injunction, and the court of appeal affirmed the injunction. Huppenbauer appealed, and the Louisiana Supreme Court granted certiorari to determine whether the lower courts had erred in granting an injunction that completely prohibited Huppenbauer’s operation of the stable rather than issuing limitations on the manner in which he could operate the stable.

Rule of Law

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Holding and Reasoning (Summers, J.)

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Dissent (Hamlin, J.)

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Dissent (Tate, J.)

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