Avoyelles Parish School Board v. U S Dept of Interior

Filing 173

MEMORANDUM JUDGMENT ADOPTING 158 Report and Recommendation: ORDERED, ADJUDGED AND DECREED that the school board's motion for summary judgment is GRANTED and the motion for summary judgment filed by Elder is DENIED. The motion for summary judgm ent filed by Le Chevalier, no longer a defendant, is MOOT; further ORDERED that plaintiff's claims against defendants William D. Arnouville, Carla Baudin Arnouville, David John Guillot, Angela Wynn Guillot, Clay Emil Roblin and Cynthia Gauthier Roblin are DISMISSED with prejudice; ORDERED that the school board is granted a conventional servitude of passage way; ORDERED that as it crosses the lands of the government, the conventional servitude hereby granted in favor of the school board shal l be subject to two restrictions; further ORDERED that as it crosses the lands of Elder at Section 9, the conventional servitude hereby granted in favor the school board shall be subject to the restriction that Elder be entitled to maintain a locked gate at the entrance to his property; provided the school board and its assigns shall have access through such gate. In order to facilitate the peaceful maintenance of the school board's conventional servitude through Elder's property the s chool board and Elder shall confer in order to determine a speed limit which shall pertain to that portion of the servitude lying under Elder property. The school board shall provide all necessary materials and perform all necessary work to refurbish the existing road on Elder property and continue such road through Elder property to the school board's Section 16 property and shall maintain such road. Concerning the remaining issue of indemnity under La. Civ. C. Art. 689 (Phase III) is the ORDERED that the concerning shall file motions for summary judgment on the issue of what indemnity may be owned by the school board to Elder and/or the government for damages which these parties may occasion as a result of the school board's use of its conventional servitude no later than Friday, September 18, 2009. Simultaneous reply briefs shall be due no later than Wednesday, September 30, 2009. These motion are hereby REFERRED to the magistrate judge for report and recommendation. To that end, it is further ORDERED that the concerned parties be present at hearing on these motions before Magistrate Judge Kirk on Wednesday, October 7, 2009 at 10:00 a.m. Signed by Judge James T Trimble, Jr on 07/21/09. (crt,Harrison, U)