Subsequent Purchaser Doctrine Defeats Civil Code Art. 667 Claims by Neighbor

On September 13, 2013, the Louisiana Supreme Court denied Plaintiff-landowners’ writ application seeking review of an opinion of the Louisiana First Circuit Court of Appeal granting Defendants’ exception of no right or cause of action based on the subsequent purchaser doctrine. Day v. Northrop Grumman Ship Systems, Inc., 13-0952 (La. 9/13/13), 2013 La. LEXIS 1898. And on October 11, the Supreme Court denied Plaintiff-landowners procedurally rare Motion for Rehearing on the writ denial. Day v. Northrop Grumman Ship Systems, Inc., 13-0952 (La. 10/11/13), 2013 La. LEXIS ----. The Plaintiffs, who owned property adjacent to a former Superfund Site, sought damages under C.C. Art. 667 for alleged contamination of their property. The decision rejected Plaintiffs’ argument that C.C. Art. Code 667 rights of action are “real” rather than “personal” rights, outside of the scope of the subsequent purchaser doctrine.

For more information, please contact Bob Holden, Steve Wiegand, or Megan Spencer.

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