For Your Data Chevy Chase Hamlet V. Jaggers Illustration Brief

Chevy Chase Village v. Jaggers illustration brief summary
275 A.2d 167 (1971)

CASE SYNOPSIS

Plaintiffs, village, landowner, as well as municipality, appealed the decree of the Circuit Court for Montgomery County (Maryland), which had denied an injunction against defendants, physician as well as wife.

Baca Juga

CASE FACTS
The physician had operated his do out of his abode for many years amongst no objections. The physician decided that he wished to motion from the municipality exactly that he desired to endure his share inwards his former home. The municipality brought an activeness for an injunction against the physician based upon the claim that the physician violated a restrictive covenant inwards his deed, which express the role of his belongings to residential uses.

PROCEDURAL HISTORY
The lower courtroom refused to teach into the injunction, as well as the courtroom reversed as well as remanded.

DISCUSSION

The courtroom held that, fifty-fifty though the municipality had acquiesced to a possible violation of the restrictive covenant, that the physician was attempting a novel use, as well as the municipality was non jump past times the doctrine of laches to allow the physician to role the belongings differently than he had before.
The courtroom ruled that the equitable doctrine of comparative hardship did non warrant relief to the physician because the impairment to his neighbors' homes was non negligible as well as was non outweighed past times the doctor's want to motion to or then other residential area.

CONCLUSION
The courtroom reversed the decree of the lower court, remanded, as well as directed that the lower courtroom enjoin the physician as well as his married adult woman from using their abode every bit an share unless they genuinely resided on the premises.

Suggested constabulary schoolhouse report materials