Fountain Village Development v. Weiner Investment Co. (In Re Fountain Village Development )

MEMORANDUM OPINION

RANDALL L. DUNN, Bankruptcy Judge.

On March 30 and 31, 2011, I received evidence and heard testimony and argument at the trial (“Trial”) on the amended complaint of Fountain Village Development (“Debtor”), seeking declaratory relief and damages for trespass against Weiner Investment Co. (“Weiner”) and Clear Channel Outdoor, Inc. (“Clear Channel”), and on Weiner’s counterclaims, also for declaratory relief and damages for trespass, against Debtor. I further toured the subject real properties in the presence of the parties and their counsel the following morning, April 1, 2011.…