In a recent legal battle over property rights, Carrere Holdings, LLC has emerged victorious in its motion for partial summary judgment against Charlotte Anne Williamson. The case, filed by Carrere Holdings, LLC in the Civil District Court of Orleans Parish on February 15, 2022, centers around a disputed servitude agreement between two adjacent properties in New Orleans.
The origins of this dispute date back to March 30, 2000, when Ms. Williamson purchased the property at 4864-66 Magazine Street from George C. Holmes. An addendum to the sale established a right of way at the rear of her property for the benefit of Mr. Holmes' adjoining property at 4858 Magazine Street. This servitude was meant to allow ingress and egress for vehicles and pedestrians between the two properties. However, after Carrere Holdings acquired 4858 Magazine Street from an LLC in 2020, they found their access obstructed by Ms. Williamson's parked vehicle.
Carrere Holdings attempted to resolve the issue amicably by sending a letter to Ms. Williamson requesting that she cease parking in the servitude area. When she refused to comply, Carrere Holdings filed a petition seeking declaratory judgment and damages for breach of the servitude agreement. They argued that Ms. Williamson had violated the terms of the agreement by obstructing their access.
Ms. Williamson countered with her own motion for summary judgment, arguing that the servitude was intended solely for vehicular use and had prescribed due to nonuse or was extinguished because structural changes had been made to 4858 Magazine Street since its creation.
The court found that both pedestrian and vehicular access were permitted under the original servitude agreement and that any use of part of the servitude interrupted prescription for nonuse as to its entirety. Additionally, despite structural changes made by previous owners—including adding new buildings and landscaping—the original structure remained intact and did not render the servitude unusable.
Ultimately, Judge Marissa Hutabarat ruled in favor of Carrere Holdings on August 30, 2023, granting their motion for partial summary judgment while denying Ms. Williamson’s claims. The decision was later affirmed upon appeal on September 17, 2024.
Carrere Holdings is seeking declaratory judgment affirming their right to use the servitude according to its terms as well as damages resulting from Ms. Williamson's breach of agreement.
Representing Carrere Holdings are attorneys Patrick S. McGoey, Andrea Timpa, and McClain R. Schonekas from Schonekas Evans McGoey & McEachin L.L.C., while Richard L. Traina and Charles L. Stern Jr., from The Steeg Law Firm L.L.C., represent Ms. Williamson.
This case is registered under Case ID No: 2022-01367 before Judges Daniel L Dysart, Joy Cossich Lobrano, Nakisha Ervin-Knott.