EPSTEIN FAMILY PARTNERSHIP & LEVITZ FURNITURE CORPORATION V. KMART CORP.
13 F.2d 762 (1994)
NATURE OF THE CASE: This was an appeal from an order permanently enjoining Kmart from
construction certain barriers and traffic control devices on its property and from the
removal of a sign.
FACTS: Property was conveyed by the Epstein Family Partnership. Kmart wanted to make
traffic improvements to its property and also wanted Levitz to remove its sign. The trial
court enjoined Kmart from all improvements and held that Levitz had an implied easement or
an easement by estoppel permitting the sign on the Kmart property. Kmart appealed. The
appeals court held that the first injunction was too broad and remanded that portion of the
case to the district court. The sign issue was then addressed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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