Legal Opinion

Murat v. South Bend Lodge No. 235 of the Benevolent & Protective Order of Elks of the United States

Indiana Court of Appeals

Decided September 19, 2008No. 71A04-0712-CV-729PublishedCited by 12 opinions

1Opinion of the Court

OPINION

MAY, Judge.

Armand Murat sought to enjoin the Elks and Burkhart Advertising, Inc. from placing a billboard within an area over which he has an easement for ingress and egress. The trial court issued a temporary restraining order, but later dissolved it and denied Murat’s request for a permanent injunction. We affirm.

FACTS AND PROCEDURAL HISTORY

On March 27, 1964, Clarence and Martha Dockery conveyed to the Elks a strip of land twenty-three feet wide. The Dock-erys retained an easement:

The Grantors reserve unto themselves, and their respective estates, personal representatives, devisees,…

2Cases cited5 opinions

  1. Andersen v. EdwardsAlaska Supreme Court · 1981
  2. Estate of Spry v. Greg & Ken, Inc.Indiana Court of Appeals · 2001
  3. Geico Insurance v. RowellIndiana Court of Appeals · 1999
  4. Groff v. City of ButlerIndiana Court of Appeals · 2003
  5. Hopper Resources, Inc. v. WebsterIndiana Court of Appeals · 2007

3Cited by12 opinions

  1. The Care Group Heart Hospital, LLC v. Roderick J. Sawyer, M.D.Indiana Supreme Court · 2018
  2. Macy Elevator, Inc. v. United StatesUnited States Court of Federal Claims · 2011
  3. McCauley v. HarrisIndiana Court of Appeals · 2010
  4. Lily, Inc. d/b/a Weinbach Cafeteria and Fernando Tudela v. Silco, LLC.Indiana Court of Appeals · 2013
  5. Gold v. RowlandSupreme Court of Connecticut · 2017

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