Greig Massey v. R.W. Graf, Inc.

OPINION

in which SHARON G. LEE, J., joined, and CHARLES D. SUSANO, JR., J., dissented and filed an Opinion.

HERSCHEL PICKENS FRANKS, P.J.

Plaintiffs brought this declaratory judgment action, asking the Court to declare that building restrictions on platted parcels of property from a common grantor applied to a non-platted parcel purchased by defendants from a subsequent grantor.

The Trial Court, responding to a summary judgment motion, made detailed findings of facts, and concluded that the “subject to” language in the deeds was ambiguous and construed the language *904against the inclusion of…