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Chevy Chase Village v. Jaggers

Court of Appeals of Maryland
275 A.2d 167 (1971)


Jaggers (defendant) owned a single lot in a subdivision that consisted of thirteen blocks. Five blocks, or sixty lots, were set aside for commercial development. Two lots were sold to public utilities. Six more lots were for a church, leaving 204 residential lots. The residential lots were subject to covenants which prohibited the lots from being used for nonresidential purposes, purported to make the covenant run with the land, and prohibited the grantees from objecting to the sixty lots set aside for commercial purposes. Chevy Chase Village (Village) (plaintiff), is a landowner and municipal corporation responsible for enforcing these covenants. In 1947 Jaggers purchased one of these lots, and in 1954, obtained an exception to use the property as a residence and a medical office. He later moved to another city and leased his former residence, but continued to use the office. Village sued to enjoin Jaggers from using the home principally as a doctor’s office. The trial court ruled that the covenants were unenforceable because the character of the neighborhood had changed and vitiated the covenant. Village appealed.

Rule of Law


Holding and Reasoning (Digges, J.)

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