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Posted by: Landry Butler on Dec 15, 2017

Court: TN Court of Appeals

Attorneys 1:

Jonathan Lynn Miley, Nashville, Tennessee, for the appellant, William H. Thomas, Jr.

Attorneys 2:

Kathy Baker Tennison and Stuart Brian Breakstone, Memphis, Tennessee, for the appellee, Tennison Brothers, Inc.

Robert L.J. Spence, Jr. and Kristina Alicia Woo, Memphis, Tennessee, for the appellee, Clear Channel Outdoor, Inc.

Judge(s): GIBSON

This appeal involves parties with interests in neighboring properties who competed for the issuance of a billboard permit. Rather than waiting for the resolution of the administrative process that would determine which of the two applicants was entitled to a billboard permit, one party illegally constructed his billboard without a permit in the midst of the proceedings. Because of his action, the opposing party was unable to construct a billboard when the litigation ultimately ended in its favor. The party who prevailed in the administrative process and its landlord both obtained default judgments against the party who constructed the billboard based on claims of intentional interference with business relations and inducement to breach a contract. The trial court appointed a special master to calculate damages and adopted the master’s report in its entirety, awarding the landlord approximately $1.1 million and awarding the party who planned to construct the billboard $3.9 million, which included treble damages. We affirm and remand for further proceedings.