Affirms denial of appellant’s request to enjoin advertising co. from placing billboard on land with easement

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Armand Murat sought to enjoin the Elks and Burkhart Advertising, Inc. from placing a billboard within an area over which he has an easement for ingress and egress. The trial court issued a temporary restraining order, but later dissolved it and denied Murat’s request for a permanent injunction.

Conclusion (slip op. at 9):  The trial court did not err by concluding the sign would not interfere with reasonable ingress and egress to Murat’s lot and declining to award a permanent injunction. Affirmed.

Key Analysis (slip op. at 7, 8):  Murat has not shown why the contemporaneous document doctrine should apply, and the trial court did not err by declining to find controlling the width set out in the Dockery-Murat deed . . . We cannot say the evidence points unerringly to the conclusion that placing the sign in the grassy area will interfere with Murat’s reasonable use of the easement.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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