LOWDEN v. BOSLEY

No. 78, Sept. Term, 2005.

909 A.2d 261 (2006)

395 Md. 58

James LOWDEN, et ux. v. Daniel B. BOSLEY, et al.

Court of Appeals of Maryland.

October 17, 2006.


Attorney(s) appearing for the Case

Robert A. Gaumont, Brett Ingerman (DLA Piper Rudnick Gray Cary, Baltimore, on brief), for appellants.

Jeffrey S. Getty (Geppert, McMullen, Paye & Getty, Cumberland, on brief), for appellees.

Argued before BELL, C.J., WILNER, CATHELL, HARRELL, BATTAGLIA, GREENE and JOHN C. ELDRIDGE, (Retired, Specially Assigned), JJ.


ELDRIDGE, J.

The issue in this case is whether a restrictive covenant, which requires that building lots within a 59-lot subdivision along Deep Creek Lake in Garrett County, Maryland, be used for "single family residential purposes only," prohibits the owners of homes on those lots from renting their homes to residential tenants on a short-term basis. We shall hold that the restrictive covenant is unambiguous and that it does not prohibit the short-term rental to...

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