First Interstate Bank of Denver v. Nagel Investment Co.

SMITH, Judge.

In this action for a declaratory judgment, petitioner, First Interstate Bank of Denver (Bank), appeals the probate court’s judgment entered in favor of respondent, Nagel Investment Company (Nagel), on issues concerning interpretation of building provisions in a lease. Nagel cross-appeals the judgment of the court entered in favor of the Bank on the issue of whether an option to buy the land that was leased to the Bank violates the rule against perpetuities. We reverse in part and affirm in part.

This action was commenced in the probate court by the Bank as trustee for trusts…