West Baton Rouge Parish Council v. Tullier

Summary of Facts and Issues: In 1931, the Atchafalaya Basin Levee District (the District) appropriated easement rights for 'levee purposes' on private land along the Mississippi River. The levees are typically large earthen berms primarily intended for flood control. In 1999, the Legislature passed a law authorizing bicycle and pedestrian trails along the tops of levees, while granting immunity from liability to the underlying landowners. In 2012, the West Baton Rouge Parish Council (the Council) reached an agreement with the District to build a five-mile trail atop its levees. A handful of landowners attempted to block these trails with locked gates, verbal threats, and brandishing of guns. The Council filed suit to assert its right to build the trails.
Holding: The trial court denied a variety of affirmative defenses proffered by the defendants and then after a trial issued a permanent injunction barring them from interfering with the trails. The appellate court affirmed, finding that the 1931 resolution by which the District appropriated the levees did not restrict the use of the levees, and that the 1999 statute authorizing bike and pedestrian trails was constitutional.
Analysis and Notes: For local news coverage at the beginning of the litigation, see https://www.theadvocate.com/baton_rouge/news/communities/westside/article_7d80a018-ad03-11e7-8935-d77c935cdc03.html.