City of Evansville v. Follis

Plaintiffs-appellees (Follis) obtained an injunction against the defendant-appellant (City) enjoining it from interfering with plaintiffs’ construction of certain improvements within the boundaries of the right-of-way of an Evansville city street.

Basically, City’s appeal challenges the sufficiency of the evidence to support the judgment granting the injunction. Appellees respond by contending that the evidence supports recovery upon any one of the following theories: (1) Permissible Encroachment, (2) Waiver and (3) Estoppel.

Appellees resided upon certain real property owned by them at the…