Owenby v. Boring

The bill in this case sought a mandatory injunction requiring the removal of an electrically lighted theatre sign from Lot 1 Block A of the Carrie B. Johnston Addition on the grounds (1) that it was constructed and maintained in violation of building restrictions and (2) that its maintenance constituted a nuisance. The Chancellor found for complainants as to the first ground and, accordingly, ordered the removal of the sign but found that, as maintained at the date of the final decree, the maintenance of the sign did not constitute a nuisance. Defendant Cletus Benton has appealed insisting…