Yerano Martinez, et al. v. Jeffrey Smith, et al.

── Yerano Martinez, et al. v. Jeffrey Smith, et al. ── Case No.: 24A-CT-01272 Court: Indiana Court of Appeals Date: December 31, 2024 Author: Judge Leanna Weissmann County of Origin: Marion Category: Civil Decision: Affirmed Judge Vaidik and Judge Foley concur Both parties agree that the county had a right-of-way easement that extended twenty feet from the center line of the road onto the landowner’s property. The bush at issue grew partly on the landowner’s yard and partly in the easement, but did not grow or intrude onto the roadway. Martinez claimed the landowner owed passing motorists a duty to reasonably inspect and maintain the portion of his roadside property burdened by the easement to “remedy obstructions impeding the view of the stop sign for the traveling public.” App. Vol. II, p. 27.