M & M INV. CO. v. Regency Oaks Apartments

As originally filed, the "declaratory judgment" complaint of plaintiff/appellant M M Investment Company ("M M") was based upon a dispute between M M and defendant/appellee Regency Oaks Apartments ("Regency") over the interpretation and application of the reservation of an easement in M M's lease and the grant of an easement in Regency's deed.1 M M's lessor and Regency's grantor are one and the same person, Gordon Davis. The easement in question in both instruments relates to the same 30-foot-wide and 200-foot-long strip of land across M M's leased property and provides one of two means of…