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WENDY'S OF FORT WAYNE, INC. v. FAGAN

No. 02A04-9405-CV-191.

644 N.E.2d 159 (1994)

WENDY's OF FORT WAYNE, INC, an Ohio Corporation, Appellant-Defendant, v. William P. FAGAN, Appellee-Plaintiff.

Court of Appeals of Indiana, First District.

December 12, 1994.

Attorney(s) appearing for the Case

Daniel E. Brophy, Fort Wayne, for appellant.

Max A. Myers, Fort Wayne, for appellee.

OPINION

BAKER, Judge.

Appellant-defendant Wendy's of Fort Wayne, Inc. (Wendy's) contests the trial court's adverse ruling in a declaratory judgment suit which granted appellee-plaintiff William P. Fagan the right to install utilities and a sign within an easement granted by Wendy's to Fagan.

FACTS

Fagan is the owner of a triangular shaped property that is bounded on the eastern and southern sides by property owned by Wendy's in Allen...

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