Belaire Development & Construction, LLC v. Succession of Theodore Shelton Sr.

Summary

The court held that, under the post-2008 statutory scheme, failure to provide pre-tax-sale notice does not make a tax sale an absolute nullity; only the statutorily enumerated relative nullities may support annulment. It further held that a nullity action asserted as a reconventional demand in a quiet-title action must satisfy both the applicable nullity prescriptive period and the six-month period governing quiet-title proceedings, but the defendants failed to prove that Shelton was duly notified because the notice misstated the time for challenging the sale. The court therefore affirmed the ruling that the reconventional demand was not prescribed, reversed the remaining ruling, and remanded.