Writ application granted in part. See per curiam.
We find that defendant, America Homeland, LLC, has produced sufficient factual support to establish a genuine issue of material fact with respect to the question of whether or not the building restrictions at issue in this case have been abandoned. La. C.C.P. art. 966(D)(1). Accordingly, we find that the court of appeal erred by weighing the evidence presented and by affirming the trial courts grant of the plaintiffs’ motion for summary judgment. The trial courts grant of the plaintiffs’ motion for summary judgment is hereby reversed, as is the court of appeals dismissal of all of defendants claims. The court of appeals reversal of the trial courts grant of plaintiffs’ exception of res judicata is affirmed. This matter is remanded for further proceeding consistent with this per curiam.
GRANTED IN PART; REVERSED IN PART; AND REMANDED.
Weimer, C.J., dissents.
Hughes, J., dissents.