State ex rel. State Highway Commission v. Marcum Oil Co.

TURNAGE, Presiding Judge.

The State Highway Commission requested a mandatory injunction against Marcum Oil Company and Carolyn Kent to require them to remove an outdoor advertising sign owned by Marcum and located on land owned by Kent. The court entered a mandatory injunction and Marcum has appealed.

Marcum contends the court was without authority to enter a mandatory injunction requiring removal of the sign because the Commission has an adequate remedy at law. Reversed.

This cause was submitted on a stipulation of facts. Marcum is the owner of an outdoor advertising sign located on land owned…