hooper v. hero lands company, 2015-0929 (la. app. 4 cir. 3/30/16)

The Hoopers also sought a temporary restraining order and preliminary injunction, enjoining the Defendants, during the pendency of this suit, from interfering with the Hoopers' possession and enjoyment of the Undescribed Property up to the boundary fence line.

The Hoopers sought a judgment establishing that the Undescribed Property is their property and the Defendants have no right to the property so that the prior disturbances of possession were threatened or actual trespass.

Hero sent the Hoopers a letter asking them to remove their fence from Hero Lands Company's property, the Undescribed Property.

Hooper wrote PPG a letter on Februstating that the Hoopers own the Undescribed Property, PPG removed its equipment, repaired the fence, and discontinued work on the drainage canal. 1 PPG also brought equipment on the property preparatory to digging a drainage canal. On February 5, 2012, PPG, without notice or permission from the Hoopers, cut the Hoopers' fences to gain access, trespassed on their property, and cleared their trees and other vegetation on a thirty-five foot strip within the Undescribed Property.From at least 1950 to the present, the owners of lot 26 possessed as owner all of the Undescribed Property up to a fence line, the 'boundary line,' which ran and presently runs along the entire length of the property.However, this strip was not described in any title and was in between the title descriptions of lots 26 and 27, (hereinafter referred to as the 'Undescribed Property').

In October 1992, the Hoopers purchased property, which included a 120 foot strip of land, from Burmaster Land & Development Co., Inc.The Hoopers' petition contained the following allegations: and Patsy Spencer Hooper (the 'Hoopers') filed a verified petition to confirm boundary, for possessory action, for damages and for injunctive relief against Hero Lands Company, Allen Hero, and PPG (collectively the 'Defendants'). The sole issue presented on appeal is whether the trial court erred in granting the motion filed by the Plaquemines Parish Government ('PPG') for limited suspension of a consent judgment, which granted a preliminary injunction, to permit the Belle Chasse Drainage District ('BCDD') to file an expropriation suit.

Hooper v. hero lands company, 2015-0929 (la. app. 4 cir. 3/30/16)