Denver Chapter No. 145 v. Mile Hi City Chapter No. 360

I feel constrained to dissent.

Under the 1955 stipulation and decree and the deed given thereunder, the defendant and others were to “have full, complete and unrestricted use of the facilities of the building at 808 Grant Street” and “If the building shall be hereafter sold or conveyed . . . the rights herein *549shall be protected in perpetuity.” To me, the defendant explicitly was given perpetual rights in a particular building and, if it were sold, the defendant’s rights, therein were to be reserved. Whether this interest is designated a trust or covenant running with the land or something…