Hill

*767 Opinion

Respondents James C. Hill and Dawn L. Hill as trustees under a revocable trust dated February 17, 1977 (the Hills), and appellant San Jose Family Housing Partners, LLC (LLC), own adjacent parcels of land located along U.S. Highway 101 in San Jose, California. Since the 1970’s, the Hills have owned and operated a two-sided commercial billboard on a section of LLC’s parcel, near the joint property line. In 2000, the Hills and LLC’s predecessors in interest entered into a written easement agreement relating to the Hills’ use of the billboard. In 2007, after learning that LLC intended to construct a multiunit residential development on its property, which would obstruct the view of the billboard’s north face, the Hills sued LLC for injunctive relief and damages.

In a bifurcated proceeding, the court first rejected LLC’s affirmative defense that the easement is unenforceable because the billboard was constructed and maintained in violation of county and city building codes and ordinances. The court then found that LLC’s development interfered with the Hills’ easement by obstructing the billboard’s visibility and awarded damages in the amount of $778,539, which included…