California Court of Appeal
Hill v. San Jose Family Housing Partners, LLC, H034931
In an action for injunctive relief and damages arising from defendant's plans to construct a multi-unit residential development on an adjacent property such that it will obstruct a billboard located on plaintiff's property and violate the terms of an express easement between the parties, judgment of the trial court is reversed where the court improperly denied defendant's motion for a new trial upon newly-discovered evidence that subject billboard was due to be removed and such removal would substantially reduce or eliminate the lost profits portion of the plaintiff's damages award.
- Decided 08/23/2011
- Published 08/23/2011
- California Court of Appeal