The Louisiana Court of Appeal has upheld a trial court's ruling that granted a permanent injunction against Mark and Marshall Parker, two neighbors involved in a property dispute with Mona Matherne. The court ruled that a section of Legion Road, a rural road in Livingston Parish, is private property and not subject to public use. This decision affects the Parkers' ability to access this portion of the road and prohibits them from harassing Matherne.

This case, officially titled Mona Matherne v. Marshall and Mark Parker (Docket No. 2026 CA 0464), highlights the complexities of property rights and public access in rural areas. The ruling emphasizes the importance of property ownership and the legal protections available to landowners against harassment and trespassing.

Background

Mona Matherne, a 73-year-old woman, purchased her property at 18400 Legion Road in French Settlement in 2007. Her land is located along the eastern side of Legion Road, which connects to Highway 16. The Parkers, Mark and Marshall, are her neighbors, with Mark owning property across from Matherne's and Marshall owning land adjacent to Mark's property.

The dispute arose when Matherne filed a petition in 2015, seeking a permanent injunction against the Parkers. She claimed that Legion Road was a private roadway not owned or maintained by any public authority and accused the Parkers of trespassing on her property and harassing her. Matherne alleged that Mark Parker had threatened her on multiple occasions, including incidents where he brandished a firearm.

The Parkers denied Matherne's claims and argued that they had a right to use Legion Road based on its tacit dedication to public use. They contended that the road had been maintained by Livingston Parish and therefore should be considered a public road. The case progressed through various hearings, including a preliminary injunction hearing in 2016, where the trial court initially granted Matherne's request for an injunction.

The Ruling

On December 30, 2024, the trial court issued a judgment confirming that the portion of Legion Road beyond the first 1,000 feet is private property. The court granted Matherne a permanent injunction against the Parkers, prohibiting them from using the road past that point and from engaging in any form of harassment or intimidation against her. The court stated, "the trial court found that the portion of Legion Road past the first 1,000 feet is private property and not a public roadway."

The Parkers appealed the decision, arguing that the trial court erred in its findings regarding the road's status and Matherne's entitlement to injunctive relief. However, the Louisiana Court of Appeal affirmed the trial court's judgment, stating that the Parkers failed to prove that Legion Road was tacitly dedicated to public use.

Impact

This ruling has significant implications for property rights in Louisiana. It reinforces the notion that property owners have the right to protect their land from unauthorized use and harassment. The court's decision also clarifies the standards for proving public access to private roads, particularly in cases where maintenance by public authorities is in question.

The outcome of this case may influence future disputes involving property rights and public access in rural areas, as it sets a precedent for how courts evaluate claims of tacit dedication and the responsibilities of landowners regarding their property. The ruling emphasizes the need for clear evidence when asserting public rights over private land.

What's Next

The Parkers may seek to appeal the ruling to a higher court, but details regarding any potential appeal were not available in the court filing. There are no related cases pending that would directly affect this ruling.