Opinion
NO. 2016 CW 1371
04-27-2017
WHITE OAK LANDING CIVIL ASSOCIATION, INC. v. J.B. JAMES CONSTRUCTION, INC., AND THE STATE OF LOUISIANA THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT
In Re: White Oak Landing Civic Association, Inc., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 633081. BEFORE: GUIDRY, HIGGINBOTHAM, CRAIN, HOLDRIDGE AND CHUTZ, JJ.
WRIT GRANTED IN PART AND DENIED IN PART. The writ is granted in part and the trial court's ruling granting the summary judgment as to the Department of Transportation and Development is reversed. The evidence indicates the Department of Transportation and Development had the custody and control of the Woodlake Bridge and derived rights of ownership of the bridge during the reconstruction from the Parish of East Baton Rouge, and thus, was a proprietor under the provisions of La. Code Civ. P. art. 667. See Spiker v. City of Baton/Parish of East Baton Rouge, 2000-1841 (La. App. 1st Cir. 11/9/01), 804 So.2d 659, writs denied, 2002-0598, 2002-0674 (La. 4/26/02), 814 So.2d 564 & 568. The writ is denied insofar as it pertains to the trial court's ruling granting the summary judgment as to J. B. James Construction, LLC and G.E.C., Inc. Accordingly, the matter is remanded to the trial court for further proceedings.
GH
JMG
WRC
Higginbotham and Crain, JJ., dissent and would deny the writ. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT