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SCHOVEE v. MIKOLASKO

No. 4, Sept. Term, 1999.

737 A.2d 578 (1999)

356 Md. 93

Thomas Randolph SCHOVEE, et al. v. Eric J. MIKOLASKO, et al.

Court of Appeals of Maryland.

September 21, 1999.

Attorney(s) appearing for the Case

Brett Ingerman and Kurt J. Fischer (Michelle J. Dickerson, Piper & Marbury, L.L.P., on brief), Baltimore, for Petitioners.

Jerrold A. Thrope (Charles R. Bacharach, Gordon, Feinblatt, Rothman, Hoffberger & Hollander, L.L.C., on brief), Baltimore, for Respondents.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, RAKER, WILNER, CATHELL and ROBERT L. KARWACKI (retired, specially assigned), JJ.

WILNER, Judge.

The basic issue before us is whether the Circuit Court for Howard County erred in its application of the doctrine of implied negative reciprocal easement. The court subjected a 50-acre lot that was included in the subdivision plat of a 25-lot development community to restrictive covenants contained in a separately recorded Declaration of Covenants, Easements, Conditions and Restrictions, notwithstanding that the lot was not included in that Declaration...

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