Summary
The Louisiana Second Circuit Court of Appeal held that a five-year prescriptive period under La. R.S. 9:5625 applied to a parish claim challenging a driveway constructed without a permit. Because the driveway was constructed in 1979 and the enforcement action was filed in 2021, the court sustained the exception of prescription, vacated the driveway-related preliminary injunction, and dismissed that claim with prejudice. The court remanded for further proceedings on the separate zoning claim.
Topics
Practice areas
Questions Presented
- Whether La. R.S. 9:5625's five-year prescriptive period applies to an enforcement action based on Ordinance 94-111's driveway-permit requirement.
- Whether the Police Jury's 2021 claim concerning the driveway was prescribed because the driveway was constructed without a permit in 1979.
- What disposition was required for the driveway injunction and the unchallenged zoning portion of the district court's judgment.
Holdings
- La. R.S. 9:5625's five-year prescriptive period applies because Ordinance 94-111 is a building restriction.
- The Police Jury's driveway claim was prescribed because the first act constituting the violation was the driveway's construction without a permit in 1979, and the five-year period expired in 1984.
- The preliminary injunction concerning the driveway was vacated, the Police Jury's driveway claim was dismissed with prejudice, and the zoning portion of the matter was remanded for further proceedings.
Key quotations
“The prescriptive period set forth in La. R.S. 9:5625 is applicable to this case as Ordinance 94-111 is a building restriction.” (at 5)
“Prescription, therefore, ran five years from this date, i.e., in 1984, and the Police Jury’s 2021 petition for injunctive relief is untimely as to its claim regarding the driveway.” (at 5)
Factual background
The Police Jury alleged that Hicks constructed a concrete driveway connecting the property at 297 Linton Road to a parish road without obtaining a permit required by Bossier Parish Ordinance 94-111. The driveway was originally constructed in 1979, and the Police Jury did not file its injunctive-relief petition until July 15, 2021. The district court issued a preliminary injunction prohibiting Hicks from using the driveway, but the appellate court determined that the enforcement claim was prescribed.
Procedural history
The Police Jury filed a petition for injunctive relief in 2021 alleging zoning violations and construction and use of an unpermitted driveway on parish property. The district court issued a preliminary injunction in February 2025 prohibiting commercial activities inconsistent with the property's zoning and prohibiting use of the driveway. Hicks appealed only the driveway portion of the injunction and abandoned assignments concerning the zoning violations. The appellate court sustained the exception of prescription, vacated the driveway injunction, dismissed the driveway claim with prejudice, and remanded for further proceedings on the zoning claim.
Remand instructions
Remand for further proceedings regarding the Police Jury's zoning claim. The driveway claim is dismissed with prejudice, and the preliminary injunction concerning the driveway is vacated.