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Warner v. Clarke

Louisiana Court of Appeal

232 So. 2d 99 (1970)

Facts

Warner and three other hunters (hunters) (plaintiffs) were arrested by the East Carroll Parish sheriff for trespassing on privately owned land located between the Mississippi river and the adjacent levee. The hunters sued the sheriff and the local district attorney (defendants) to enjoin them from prosecuting the hunters for trespass. The hunters alleged that because the land in question amounted to the bank of a navigable waterway, they had a property right to the land sufficient to allow them to hunt or fish on the land at will. The trial court found that the hunters did not have the right to go on the privately owned riverbank lands for the purposes of hunting and fishing. The hunters appealed.

Rule of Law

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Issue

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Holding and Reasoning (Dixon, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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