Lafitte v. City of New Orleans

Citations

• 52 La. Ann. 2099

Syllabus

<p>Syllabus.</p> <p>1. Where a vendee buys lots or, squares of ground according to a subdivision, he becomes committed to the streets forming part of the subdivision and cannot be heard to dispute their existence.</p> <p>2. He cannot take the position the streets are not physically laid off, and it makes no difference that they had not been actually opened to use.</p> <p>3. It is for the city authorities to say when they should be opened, and no prescriptive right to keep them from being opened can arise in his favor.</p> <p>4. The dedication having taken place, the city authorities exercised but a proper police power when directing and enforcing their opening.</p> <p>5. Plaintiff could not acquire such possession of land thus dedicated for streets as entitles him to maintain a possessory action when disturbed in his occupancy by the city officials charged with the duty of opening the streets.</p> <p>6. If the officials were to lay out and open the streets on wrong lines, or were to impinge on his rightful limits in so doing, he would have a complaint and a right of action to enforce the proper lines. But until that contingency arises his rights are not invaded and he is without cause of action.</p>