Wendy's of Fort Wayne, Inc. v. Fagan

OPINION

BAKER, Judge.

Appellant-defendant Wendy's of Fort Wayne, Inc. (Wendy's) contests the trial court's adverse ruling in a declaratory judgment suit which granted appellee-plaintiff William P. Fagan the right to install utilities and a sign within an easement granted by Wendy's to Fagan.

FACTS

Fagan is the owner of a triangular shaped property that is bounded on the eastern and southern sides by property owned by Wendy's in Allen County, Indiana. The western side of the property is the south right of way of U.S. Highway 24, onto which there is no access from Fagan's property. See Diagram. * -…