Apartment building sues neighbor claiming bamboo root damage

Kyle Barnett Sep. 6, 2012, 12:53pm

NEW ORLEANS – A New Orleans apartment building is suing for damages allegedly arising from a root system in a neighbor's yard.

The Old Spanish Stables, LLC filed suit against Ralph L. and Doris P. Cadow and their insurer in the Orleans Parish Central District Court on July 24.

The Old Spanish Stables claim the Cadow's property backs up to the their 12-unit apartment building located at 1127 Royal St. in New Orleans. The plaintiff alleges that the defendants are in control of a number bamboo plants that were planted adjacent to the rear wall of the apartment building. The Old Spanish Stables asserts that the roots of the bamboo plants grew into their wall and caused an opening in one of the apartments where water flowed through and caused damage.

The plaintiff alleges that every time it rains the apartment is damaged further.

The defendant is accused of failing to mitigate the circumstances that led to water intrusion on their property, failing to take appropriate action and failing to remove the bamboo roots.

An unspecified amount in damages is sought to repair the damaged property and prevent the roots from growing into the building again.

The Old Spanish Stables is represented by Joshua P. Mathews of Gretna-based Roy M. Bowes & Associates.

The case has been assigned to Division D Judge Lloyd J. Medley.

Case no. 2012-07182.

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