M & M INV. CO. v. REGENCY OAKS APARTMENTS

86-854.

517 So.2d 591 (1987)

M & M INVESTMENT COMPANY v. REGENCY OAKS APARTMENTS and Alabama Power Company.

Supreme Court of Alabama.

November 13, 1987.


Attorney(s) appearing for the Case

Perry Hubbard, Tuscaloosa, for appellant.

G. Thomas Yearout and Brett N. Blackwood, Birmingham, for appellee Regency Oaks Apartments.

Patricia A. McGee of Balch & Bingham, Birmingham, and McCoy Davidson of Roberts, Davidson & Wiggins, Tuscaloosa, for appellee Alabama Power Co.


JONES, Justice.

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...

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