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RED RIVER v. NOLES

No. 8456.

406 So.2d 294 (1981)

RED RIVER, Atchafalaya and Bayou Boeuf Levee District, Plaintiff-Appellee, v. Rodney V. NOLES, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

November 10, 1981.

Attorney(s) appearing for the Case

Trimble, Randow, Smith & Wilson, Lon P. Wilson, Alexandria, for defendant-appellant.

Gus Voltz, Jr., Alexandria, for plaintiff-appellee.

Before DOMENGEAUX, SWIFT and YELVERTON, JJ.

YELVERTON, Judge.

Plaintiff-appellee, Red River, Atchafalaya and Bayou Boeuf Levee District (Levee District) obtained a mandatory preliminary injunction ordering defendant-appellant, Rodney V. Noles (Noles) to remove buildings and construction on the right-of-way, or servitude, of the Levee District. Noles suspensively appealed. We affirm.

The Levee District obtained a conventional servitude in 1951 from Frank E. McNutt, then the owner, over three and a half...

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