For Your Data Urban Gist Of Bowie V. Mie Properties, Inc. Representative Brief
September 16, 2019
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City of Bowie v. MIE Properties, Inc. case brief summary
922 A.2d 509 (2007)
CASE FACTS
The parties to a recorded gear upwardly of restrictive covenants encumbering a belongings were the city, an master copy covenantee, together with the owner, a successor covenantor. The owner's predecessor inwards championship agreed amongst the urban core to a proclamation of covenants which express the evolution of the belongings to permissible uses. Contemporaneously, an annexation understanding was executed amongst the city, bringing the affected parcel, together with thus undeveloped, inside the city's corporate limits. The understanding contemplated the evolution inwards association amongst a academy of a scientific discipline together with technology, research, together with part green on the property. After the urban core objected to a tenant's work of a leased infinite on the belongings every moment non beingness a permitted use, the possessor challenged the continuing vitality of the covenants.
DISCUSSION
The judgment of the intermediate appellate courtroom was reversed, together with the illustration was remanded amongst directions to affirm the judgment of the circuit court.
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922 A.2d 509 (2007)
CASE SYNOPSIS
The urban core together with the belongings possessor petitioned the circuit courtroom for a declaratory judgment on the continuing validity of restrictive covenants. The circuit courtroom upheld the continuing validity of the covenants. The Court of Special Appeals of Maryland reversed the judgment, ruling that the trial approximate applied the incorrect criterion for determining the ongoing validity of the restrictive covenants. The parties petitioned for a writ of certiorari.Baca Juga
The parties to a recorded gear upwardly of restrictive covenants encumbering a belongings were the city, an master copy covenantee, together with the owner, a successor covenantor. The owner's predecessor inwards championship agreed amongst the urban core to a proclamation of covenants which express the evolution of the belongings to permissible uses. Contemporaneously, an annexation understanding was executed amongst the city, bringing the affected parcel, together with thus undeveloped, inside the city's corporate limits. The understanding contemplated the evolution inwards association amongst a academy of a scientific discipline together with technology, research, together with part green on the property. After the urban core objected to a tenant's work of a leased infinite on the belongings every moment non beingness a permitted use, the possessor challenged the continuing vitality of the covenants.
DISCUSSION
- The reviewing courtroom institute that the covenants' role was non obviated past times either the absence of the academy from participation inwards the projection or surrounding physical changes to the neighborhood.
- Thus, the covenants remained valid together with enforceable.
- Additionally, the enforcement of the covenants past times the urban core did non constitute illegal contract zoning, together with the urban core did non waive the covenants.
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