Charles A. Rivault, Arthur R. Lejeune, Claudia J. Lejeune, William J. Gibson, And Audubon Terrace Resident Homeowners Association v. America Homeland, Llc

Supreme Court of Louisiana
October 12, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
CHARLES A. RIVAULT, ARTHUR R.
LEJEUNE, CLAUDIA J. LEJEUNE, WILLIAM
J. GIBSON, AND AUDUBON TERRACE
RESIDENT HOMEOWNERS ASSOCIATION
VS.
AMERICA HOMELAND, LLC
No. 2021-C-00708
_ _ _ _
_ _
IN R
E: America Homeland, LLC - Applicant Defendant; Applying For Writ Of
Certiorari, Parish of East Baton Rouge, 19th Judicial District Court Number(s)
650708, Court of Appeal, First Circuit, Number(s) 2020 CA 1251;
_ _ _ _ _ _
October 12, 2021
Writ application granted in part. See per curiam.
Weimer, C.J., dissents.
Hughes, J., dissents.
JTG
SJC
WJC
JBM
PDG
10/12/2021 "See News Release 041 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 2021-C-00708
CH
ARLES A. RIVAULT, ARTHUR R. LEJEUNE, CLAUDIA J. LEJEUNE,
WILLIAM J. GIBSON, AND AUDUBON TERRACE RESIDENT
HOMEOWNERS ASSOCIATION
VS.
AMERICA HOMELAND, LLC
O
n Writ of Certiorari to the Court of Appeal, First Circuit, Parish of East Baton
Rouge
PE
R CURIAM
We find that defendant, America Homeland, LLC, has produced sufficient
factual support to establish a genuine issue of material fact with respect to the
question of whether or not the building restricti ons at issue in this case have been
abandoned. La. C.C.P. art. 966(D)(1). Accordingly, we find that the court of appeal
erred by weighing the evidence presented and by affirming the trial court’s grant of
the plaintiffs’ motion for summary judgment. The trial court’s grant of the
plaintiffs’ motion for summary judgment is hereby reversed, as is the court of
appeal’s dismissal of all of defendant’s claims. The court of appeal’s reversal of
the trial court’s grant of plaintiffs’ exception of res judicata is a ffirmed. This
matter is remanded for further proceeding consistent with this per curiam.
GRANTED IN PART; REVERSED IN PART; AND REMANDED.
10/12/21