Supreme Court of Louisiana
James McCormick, D.D.S., and Kim Morris McCormick v. Joe E. "Butch" Ford, Jr., William "Bill" Altimus, Jerome Darby…
May 9, 2025
Summary
The court held that the five-year prescriptive period for enforcing the subdivision violation began when the McCormick deed was recorded, not when the parish discovered or investigated the violation. Because the parish did not enforce the violation within that period, the property acquired nonconforming status and the McCormicks were entitled to a building permit without the conditions imposed by the trial court. The court therefore affirmed the court of appeal.