The central legal question was whether the Magners could use a narrow alley on Michael Deas’ property to repair their neighboring home. After Hurricane Ida damaged the Magners’ roof and home in 2021, their repair plan called for workers to put scaffolding in the 4½-foot passage for about three weeks. Deas denied access. He had permitted repair access in 2015, but said that experience disrupted his work and lifestyle, according to court records cited by Fox 8.
How the courts handled the access request
The Magners sued in June 2022, seeking access to the alley for repairs. After an earlier appeal, the Louisiana Fourth Circuit Court of Appeal sent the case back to the trial court to fashion a remedy, and the Louisiana Supreme Court declined review in September 2024. On January 6, 2025, Orleans Parish Civil District Court Judge Jennifer Medley granted the Magners limited use of the alley for the work. The court held an evidentiary hearing on compensation for temporary use on November 6, 2025, after issuing that order, according to the Fourth Circuit opinion.
The repair crew installed scaffolding and completed the work between July 21 and August 1, 2025, Fox 8 reported. Deas appealed Medley’s order and sought a new trial. On April 7, 2026, the Fourth Circuit upheld the order and rejected his request for a retrial. The panel concluded that the judgment did not create a servitude or amount to a governmental taking; it treated the temporary access as a personal right of use under Louisiana Civil Code Articles 534 and 639, according to the court’s opinion.
Final review leaves the appellate ruling in place
Deas’ attorney, Gilbert Buras, asked the Louisiana Supreme Court to review whether the Fourth Circuit’s judgment affected Deas’ land title. The court denied review by a 6-1 vote, leaving the appellate ruling in place, Fox 8 reported. Justice John Michael Guidry dissented. He argued that the Civil Code allows courts to determine whether a servitude exists and define its scope, but does not authorize them to create one; he would have granted Deas’ request for review, according to Fox 8’s account.
