Fregalette v. Meyer

CLEMENS, Senior Judge.

Plaintiffs appeal from a declaratory judgment for defendants entered on the parties’ stipulated facts. The case concerns plaintiffs’ contention that restrictions declared in their deed did not apply to them. The trial court held otherwise and plaintiffs have appealed. We affirm.

The original restrictions were imposed in a lease between New Haven Shopping Center, Inc., as lessor and defendant Wetterau, Inc. as lessee. This was recorded in Book 326 at page 707. It declared with our emphasis:

“Lessor agrees that during the term of said lease and any extended term thereof,…