Supreme Court of Louisiana, 1977

Marceaux v. Broussard

Marceaux v. Broussard
Supreme Court of Louisiana · Decided January 12, 1977 · Calogero, Dixon, Tate
340 So. 2d 992; 1977 La. LEXIS 4683 (Southern Reporter, Second Series)

Marceaux v. Broussard

Dissenting Opinion

DIXON, J.,

is of the opinion the writ should be granted.

Dissenting Opinion

CALOGERO, J.,

is of the opinion the writ should be granted.

Opinion of the Court

In re: Clair Marceaux, applying for cer-tiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Cameron. 338 So.2d 308.

Writ denied. On the facts found by the Court of Appeal, there is no error of law in its judgment.

Dissenting Opinion

TATE, J.,

believes that certiorari should be granted to determine whether Civil Code Article 701 applies to a subportion of tract initially partitioned 25 years earlier, so as to prevent the present owner of this subportion contained in one part of the tract initially partitioned from obtaining access to the nearest public road under Article 699 due to the alleged responsibility of the owner of the other part of the tract initially partitioned to furnish under Article 701 a passage much less convenient and sufficient. See Planiol, Civil Law Treatise, Volume 1, Section 2921 (LSLI translation, 1939).

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