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White v. Kinberger

611 So. 2d 810 (1992)

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White v. Kinberger

Louisiana Court of Appeal
611 So. 2d 810 (1992)

CS

Facts

There was a vacant piece of land in a residential subdivision in Alexandria, Louisiana. The original developer of the land had recorded a plat on which this parcel of land was marked as a park. The developer referenced this plat in sales of surrounding lots to other purchasers. The developer eventually sold the vacant lot to the Whites (plaintiffs). The Whites applied to the local planning commission for permission to build on the lot. Permission was denied after neighboring landowners and the city (defendants) claimed that the lot had been dedicated to public use by the original developer. The Whites filed a possessory action against the city and the adjoining landowners. The original developer stated in an affidavit that he had intended for the property to remain undeveloped for the use and benefit of the landowners in the development. The trial court granted the city’s and the other landowners’ motion for summary judgment and held that the city owned the property by virtue of an implied dedication. The Whites appealed.

Rule of Law

Issue

Holding and Reasoning (Knoll, J.)

Dissent (Domengeaux, C.J.)

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