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Epstein Family Partnership v. Kmart

United States Court of Appeals for the Third Circuit
12 F.3d 762 (1994)


Facts

The Epstein Family Partnership (EFP) owned property which they subdivided and sold a portion to the Kmart Corporation. EFP kept a landlocked parcel for the benefit of which it reserved a right-of-way easement over the property sold to Kmart. EFP then leased its property to the Levitz Furniture Company. The lease provided that Levitz could not erect or install exterior signs without EFP’s written consent. Kmart tried to remove a sign that Levitz had erected on Kmart’s property, and EFP sought to enjoin Kmart. Levitz claimed that it had an implied easement to erect the sign. The District Court for the Eastern District of Pennsylvania found that an implied easement for the signage existed and enjoined Kmart from removing the sign. Kmart appealed.

Rule of Law

Issue

Holding and Reasoning (Hutchinson, J.)

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