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Yokum v. 615 Bourbon Street L.L.C.

Louisiana Supreme Court

977 So. 2d 859 (2008)

Facts

Peterson Yokum (plaintiff) owned and resided in a house in New Orleans in the French Quarter. Yokum’s house was near 615-617 Bourbon Street, which was owned by 615 Bourbon Street, L.L.C. (615 Bourbon) (defendant). This property was leased by 615 Bourbon to another company, which operated a bar at the location. The bar offered loud, live music on most days from the afternoon until 3:00 in the morning. Yokum alleged that the bar’s live music violated the New Orleans noise ordinances and prevented the quiet enjoyment of his home. Yokum sued 615 Bourbon, seeking damages and injunctive relief. In response to the suit, 615 Bourbon alleged that it could not be held liable for the actions of its lessee and sought summary judgment. The trial court granted summary judgment to 615 Bourbon, and the court of appeal affirmed this judgment. The Louisiana Supreme Court granted certiorari to address the issue of whether a lessor could be held responsible for the actions of its lessee under Article 667 of the Louisiana Civil Code.

Rule of Law

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Issue

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Holding and Reasoning (Kimball, J.)

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