Opinion
NO. 2017 CW 0939
08-22-2017
BOB WELCH & DANIEL HOOVER v. PLANNING AND ZONING COMMISSION OF EAST BATON ROUGE PARISH AND 2590 ASSOCIATES, LLC
In Re: Bob Welch & Daniel Hoover, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 608569. BEFORE: WHIPPLE, C.J., McDONALD AND CHUTZ, JJ.
WRIT GRANTED. On remand from the rulings of this court in Welch v. Planning & Zoning Comm'n of E. Baton Rouge Par., 2016-0253 (La. App. 1st Cir. 4/26/17), --- So.3d --- ("Welch I"); Welch v. Planning & Zoning Comm'n of E. Baton Rouge Par., 2016-0735 (La. App. 1st Cir. 4/26/17) --- So.3d --- ("Welch II"); and Welch v. Planning & Zoning Comm'n of E. Baton Rouge Par., 2016-0751 (La. App. 1st Cir. 4/26/17), --- So.3d --- ("Welch III"), with instructions to the trial court, we find that the trial court abused its discretion in issuing a stay of the entirety of the proceedings and delaying further proceedings in the trial court until forty-five (45) days after the supreme court grants or denies writs in Welch II in response to the Motion for Stay of Proceedings filed by Planning and Zoning Commission of East Baton Rouge ("City/Parish"). Neither 2590 Associates, L.L.C. nor Glasgow Partners, L.L.C. applied for a rehearing in this court or applied to the supreme court for an application for writ of certiorari, and this court's rulings in both Welch I and Welch III are final and definitive. La. Code Civ. P. art. 2166(A). Accordingly, the June 19, 2017 rulings of the trial court, as reflected in the minute entry of the same date, issuing a stay of the proceedings as to 2590 Associates, L.L.C, Glasgow Partners, L.L.C, and plaintiffs/relators, and delaying further proceedings in the trial court until forty-five (45) days after the supreme court grants or denies writs in Welch II are reversed.
Pursuant to Welch I and Welch III, the amount of damages due to plaintiffs/relators from 2590 Associates, L.L.C and Glasgow Partners, L.L.C. is to be determined and fixed by the trial court on or before September 21, 2017. Further, this court's judgment in Welch I recognized and restored plaintiffs'/relators' rights to the thirty-foot conventional servitude of passage, as provided for in the title establishing the servitude, i.e., the July 30, 2009 judgment of possession rendered in the succession of Mary Lillian Bordelon Ford, and issued a mandatory injunction, ordering 2590 Associates, L.L.C. or its successors in interest to restore plaintiffs'/relators' possession and rights to a thirty-foot conventional servitude of passage running from their property to Glasgow Avenue. In accordance with Welch I, the expeditious time period within which such restoration shall be accomplished is to be determined by the trial court on or before September 21, 2017. Because plaintiffs/relators did not seek review of the trial court's issuance of the stay as it relates to the City/Parish, we do not disturb the stay order with respect to the City/Parish.
Additionally, we find that in light of this court's rulings in Welch I and Welch III, the trial court abused its discretion on remand in granting both the Motion for Leave to File Supplemental Answer and Reconventional Demand and the Motion to Consolidate Petition for Declaratory Judgment filed by 2590 Associates, L.L.C. Therefore, the June 19, 2017 rulings of the trial court, as reflected in the minute entry of the same date, granting the Motion for Leave to File Supplemental Answer and Reconventional Demand and granting the Motion to Consolidate Petition for Declaratory Judgment filed by 2590 Associates, L.L.C. are reversed. The remaining issues raised in the writ application are pretermitted.
WRC
VGW
JMM
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT