Clardy v. Capital City Asphalt Co.

This is a suit for declaratory judgment. The trial court entered judgment for the plaintiff. The defendant appeals. We affirm in part and reverse in part and remand.

Capital City Asphalt Company, Inc. (Capital City), filed a complaint for declaratory judgment seeking an injunction and a declaration of rights to keep Clardy from interfering with Capital City's removal of its machinery, equipment, and materials from certain land used for sand and gravel mining which was subleased by Clardy to Capital City. The injunction was granted on December 21, 1976, conditioned upon Capital City's paying to…