Greig Massey, et al. v. R.W. Graf, Inc., et al.

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 and construed the language against the inclusion of restrictions on any portion of the property that lay outside the platted subdivisions. Plaintiffs have appealed, and we affirm the Judgment of the Trial Court.