Goddard v. Irby

Weltner, Justice.

Goddard owned a lot in a residential subdivision within the city limits of Decatur. Irby bought an adjacent lot. After obtaining a building permit from the city and a joint driveway easement from Goddard, Irby began constructing townhouses on the lot, in conformity with the building permit and the zoning classification. After construction had begun, Goddard filed suit against Irby, seeking a temporary restraining order to enjoin further construction. He sought damages, in the alternative, for interference with an easement which he claimed in Irby’s property. The third count…