Cited by

Opinions in Louisiana that cite Nash v. Whitten, 326 So. 2d 856.

19 citing documents.

Carpenter v. Guillory Inv., Inc. 266 So. 3d 581 La. Ct. App. 1st Cir. 2019
2 Cir.1944), wherein the court found that a sewer line running across property constituted an apparent servitude, which primarily discussed prior circuit court cases finding that these courts had improperly applied the test to determine whether a servitude was "continuous" or "discontinuous" while recognizing in that case that the "apparent" nature of the servitude was not disputed.
Spilsbury v. City of New Orleans 136 So. 3d 253 La. Ct. App. 1st Cir. 2014
art. 18; Groves v. Board of Trustees of Teachers’ Retirement System of Louisiana, (La.App.
Joubert v. City of New Orleans, Office of Safety & Permits 30 So. 3d 186 La. Ct. App. 1st Cir. 2010
33:4882 A. 11 “When a law is clear and free from all ambiguity, its letter shall not be disregarded under the pretext of following its spirit.” see also La.
Troy Davis v. Willis Provost La. Ct. App. 3d Cir. 2008
Our supreme court, (citations omitted), stated, “Continuous servitudes are those whose use (by the dominant estate) is, or may be, continual without the act of man.
Davis v. Provost 980 So. 2d 821 La. Ct. App. 1st Cir. 2008
Our supreme court, (citations omitted), stated, “Continuous ser-vitudes are those whose use (by the dominant estate) is, or may be, continual without the act of man.
Bourg v. Morning Star Benevolent Ass'n 804 So. 2d 666 La. Ct. App. 1st Cir. 2001
Accordingly, the Louisiana Supreme Court employed the following test for determining whether or not a servitude was continuous: Continuous servitudes are those whose use (by the dominant estate) is, or may be, continual without the act of man.
Griffith v. Cathey 762 So. 2d 29 La. Ct. App. 3d Cir. 2000
Comby v. White 737 So. 2d 94 La. Ct. App. 1st Cir. 1999
the supreme court discussed Fuller and similar cases, finding that the courts had improperly applied the test to determine whether a servitude was “continuous” or “discontinuous.” The “apparent” nature of the servitude was not disputed by the court.
Succession of Monroe 577 So. 2d 1035 La. Ct. App. 1st Cir. 1991
F.W.F. Co. v. City of Gretna 508 So. 2d 897 La. Ct. App. 1st Cir. 1987
art. 18; Groves v. Board of Trustees of Teachers’ Retirement System of Louisiana, (La.App.
Guillotte v. Wells 485 So. 2d 187 La. Ct. App. 2d Cir. 1986
which proscribed creation of such a servitude by acquisitive prescription.
Bertrand v. Halley 460 So. 2d 705 La. Ct. App. 3d Cir. 1984
The Louisiana Supreme Court noted that these cases presented a conflict in our jurisprudence, therefore, to resolve any inconsistency in the jurisprudence.
Bunch v. Town of St. Francisville 446 So. 2d 1357 La. Ct. App. 1st Cir. 1984
Louisiana Power & Light Co. v. Holmes 422 So. 2d 684 La. Ct. App. 3d Cir. 1982
Rogers v. Louisiana Power & Light Co., Inc. 391 So. 2d 30 La. Ct. App. 3d Cir. 1980
Benoit v. Benoit 379 So. 2d 270 La. Ct. App. 3d Cir. 1979
Greene v. Greene 373 So. 2d 756 La. Ct. App. 3d Cir. 1979
our Supreme Court definitively ruled that a discontinuous servitude cannot be acquired by prescription (but only by title).
Brooks v. New Orleans Public Service 370 So. 2d 686 La. Ct. App. 4th Cir. 1979
which held a natural gas pipeline to be a discontinuous servitude because the act of man was required for its exercise and the term "act of man" included the operation of machinery necessary for the servitude's exercise.
Lake, Inc. v. Louisiana Power & Light Company 330 So. 2d 914 La. 1976
In Nash v. Whitten, La., , decided January 19, 1976, we held a natural gas pipeline to be discontinuous because the act of man was required for its exercise.