MASSEY v. R.W. GRAF, INC.

No. E2007-02474-COA-R3-CV.

277 S.W.3d 902 (2008)

Greig MASSEY, et al., v. R.W. GRAF, INC., et al.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

Permission to Appeal Denied by Supreme Court December 15, 2008.


Attorney(s) appearing for the Case

George W. Morton, Knoxville, Tennessee, for appellants.

Erica Taylor Greene, Morristown, Tennessee, and Michael S. Kelley, Knoxville, Tennessee, for appellees.

Jerry M. Martin, Knoxville, Tennessee, for Khaden and Melanie Sakalla.

John G. Lockridge, Knoxville, Tennessee, for Jeremy Burgin.

HERSCHEL PICKENS FRANKS, P.J., delivered the opinion of the Court, in which SHARON G. LEE, J., joined, and CHARLES D. SUSANO, JR., J., dissented and filed an Opinion.


OPINION

HERSCHEL PICKENS FRANKS, P.J.

Plaintiffs brought this declaratory judgment action, asking the Court to declare that building restrictions on platted parcels of property from a common grantor applied to a non-platted parcel purchased by defendants from a subsequent grantor.

The Trial Court, responding to a summary judgment motion, made detailed findings of facts, and concluded that the "subject to" language in the deeds was ambiguous...

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