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Williams v. City Baton Rouge4/30/1998
is not the same in both lawsuits. Additionally, the 1983 judgment, on its face, issued an injunction directed only to John Raby. Therefore, as to all other plaintiffs in these consolidated lawsuits, the demand filed in August, 1986, is not between the same parties.
III. LIABILITY OF CITY/PARISH
A. Trespass
In its written reasons for judgment, the trial court expressly concluded that the City/Parish was liable to plaintiffs under state tort law. In so concluding, the trial court found that the City/Parish's actions on January 6, 1984, amounted to a trespass.
Article 2315 of the Louisiana Civil Code provides that every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it. Recovery for the tort of trespass is recognized by courts throughout this state as a means to correct the damage caused when an owner is unjustly deprived of the use and enjoyment of his immovable property. See Britt Builders, Inc. v. Brister, 92-1586 (La. App. 1st Cir. 4/23/93); 618 So.2d 899.
The tort of trespass is defined as the unlawful physical invasion of the property of another. Dickie's Sportsman's Centers, Inc. v. Dept. of Transportation and Development, 477 So.2d 744, 750 (La. App. 1st Cir.), writ denied, 478 So.2d 530 (La. 1985). A trespasser is one who goes on another's property without the other's consent. Williams v. J.B. Levert Land Company, Inc., 162 So.2d 53, 58 (La. App. 1st Cir.), writ refused, 245 La. 1081, 162 So.2d 574 (1964).
The record shows that the plaintiffs did not give their consent to DPW to enter their premises and undertake the excavation project. Despite their attempts on appeal to characterize their actions as something other than trespass, defendants have not established a lawful reason for their presence on plaintiffs' property, such as an exercise of the power of eminent domain. Thus, the occupation of plaintiffs' property by DPW commencing on January 6, 1984, clearly constituted a trespass. In fact, the trial court concluded that the presence of the ditches constituted a "continuing trespass," relying on the case of M & A Farms, Ltd v. Town of Ville Platte, 422 So.2d 708, 711-12 (La. App. 3d Cir. 1982). As noted in that case, a continuing trespass occurs where the defendant erects a structure or places an object upon the land of the plaintiff and fails to remove it. The trespass continues as long as the object remains on the premises, and the trespass is terminated only by the removal of the object wrongfully placed there. Id. Although DPW vacated the premises approximately two months after entering it, the DPW created three ditches that remained on the property; thus, the trespass in this case is a continuing trespass. Accordingly, we find no error in the trial court's Conclusion that, under the facts of this case, plaintiffs are entitled to recover damages under state tort law for trespass.
IV. DAMAGES
A person damaged by trespass is entitled to full indemnification. Where there is a legal right to recovery, but the damages cannot be assessed exactly, the courts have reasonable discretion to assess the value based on all of the facts and circumstances of the action. Damages are recoverable even though the tortfeasor acts in good faith. Versai Management, Inc. v. Monticello Forest Products Corp., 479 So.2d 477, 484 (La. App. 1st Cir. 1985).
Damages for dispossession of one's property are regarded as an award of compensatory damages for violation of a recognized property right and are not confined to proof of actual pecuniary loss. Mental anguish, humiliation, and embarrassment are appropriate considerations. Owens v. Smith, 541 So.2d 950,
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