Opinion
No. 2021-C-00708
10-12-2021
Charles A. RIVAULT, Arthur R. Lejeune, Claudia J. Lejeune, William J. Gibson, and Audubon Terrace Resident Homeowners Association v. AMERICA HOMELAND, LLC
Writ application granted in part. See per curiam.
Weimer, C.J., dissents.
Hughes, J., dissents.
PER 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 restrictions 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 affirmed. This matter is remanded for further proceeding consistent with this per curiam.