Willis v. New Orleans East Unit of Jehovah's Witnesses, Inc., 1110
| Decision Date | 01 July 1963 |
| Docket Number | No. 1110,1110 |
| Citation | 156 So.2d 310 |
| Parties | Otis R. WILLIS, Mr. and Mrs. Oscar A. Carlson, Jr., Mr. and Mrs. Harold L. Giese, Miss Elaine Harriet Carlson and Mr. and Mrs. Warren W. Schaefer, v. The NEW ORLEANS EAST UNIT OF JEHOVAH'S WITNESSES, INC. |
| Court | Court of Appeal of Louisiana — District of US |
Victor V. Blackwell, Covington, for defendant-appellant.
Cronvich, Ciaccio, Wambsgans & Perry, Philip C. Ciaccio, Metairie, for plaintiffs-appellees.
Before McBRIDE, SAMUEL and CHASEZ, JJ.
Defendant appeals from a judgment enjoining it permanently from constructing any building other than a single family dwelling, and particularly from constructing a church or Kingdom Hall, on Lot 2 of Square 17 of Pines Village Subdivision, New Orleans, and from using the lot for any non-residential purpose, and mandatorily enjoining defendant to remove such portions of the church building as have already been placed thereupon.
The Pines Village Subdivision as originally laid out by plot of October 2, 1950, consisted of a whole Section of land divided into twenty-three lots of irregular shapes. Blanket restrictions were placed upon the land by the subdivider by recorded acts of December 15 and 16, 1950, by which all squares except square 11 (reserved for commercial use) and squares 20 and 23 (reserved tentatively for park and recreational purposes) were subjected to the following restrictions, among others:
* * *'
Thereafter, in 1955, the subdivider procured approval by the City Planning and Zoning Commission for a revision of the plot which relocated certain street areas and combined all of original squares 19 and 20 and about half of squares 22 and 23, together with formerly intervening street areas and small parts of other squares, into one large area measuring about 570 feet by 1215 feet, divided into three roughly equal parts designated proposed public school, proposed playground, and proposed Catholic church and school.
A Catholic congregation acquired the part designated Catholic church and school, which had been part of squares 19 and 20, during 1956; and it thereafter procured written consent from every one of the hundreds of landowners in the subdivision, agreeing to an amendment of the overall restriction plan so as to exclude original squares 19 and 20 from the residential restrictions in order to enable the use of the land for, and the erection of, a Catholic church and school. The Orleans Parish School Board had meanwhile acquired the public school part of the large resubdivided area, and it and the Catholic congregation mutually agreed to the amendment of the restrictions to permit both the public and the Catholic facilities, which were shortly thereafter constructed and put into use.
Several years thereafter, on September 7, 1962, appellant acquired one of the several hundred residential lots in the subdivision, with full knowledge of the restrictions, and thereupon undertook to construct a church or Kingdom Hall of Jehovah's Witnesses. Parts of the construction were situated within 25 feet of the front property line and within 5 feet of the side property line.
This injunction suit by several nearby property owners resulted in December, 1962.
After trial on the merits, judgment was rendered herein in favor of the plaintiffs, Otis R. Willis, Mr. and Mrs. Oscar A. Carlson, Jr., Mr. and Mrs. Harold Leo Giese, Miss Elaine...
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...by the persons entitled to the property rights. 4 LSA-C.C. art. 779, Comment (b) citing Willis v. New Orleans East Unit of Jehovah's Witnesses, Inc., 156 So.2d 310, 313 (La.App. 4th Cir.1963), writ den., 245 La. 88, 157 So.2d 232 (1963); Edwards v. Wiseman, supra [building restriction claus......
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