Simons v. Donrey, Inc.

*697OPINION

Appellant commenced this action seeking damages and to enjoin respondent from removing a billboard which respondent had placed on appellant’s property.

At the conclusion of a trial without jury, the district court concluded (1) the billboard had been erected, through mutual mistake, on appellant’s property; and (2) respondent was the owner of the sign and entitled to remove it. The district court also ordered respondent to pay appellant $400.00 as reasonable rental fees for the ground upon which the sign was erected.

Appellant contends the evidence adduced at trial fails to support the…