MARATHON BUILDERS, INC. v. POLINGER

[No. 59, September Term, 1971.]

263 Md. 410 (1971)

283 A.2d 617

MARATHON BUILDERS, INC. v. POLINGER ET AL.

Court of Appeals of Maryland.

Decided November 12, 1971.


Attorney(s) appearing for the Case

Patrick C. McKeever, with whom were Shaffer, McKeever & Fitzpatrick on the brief, for appellant.

Leonard S. Blondes for appellees.

The cause was argued before HAMMOND, C.J., and BARNES, FINAN, SINGLEY and DIGGES, JJ.


BARNES, J., delivered the opinion of the Court.

The question presented to us for determination in this case is whether the applicable provisions of the zoning ordinance of Montgomery County together with the violation by the grantors in the deed of the land involved of the Montgomery County subdivision regulations are a breach of the covenant against encumbrances in that deed.

The present case is the aftermath of our decision in Marathon Builders, Inc....

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