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SDC v. LONDON TOWNE

No. 94, September Term, 2005.

910 A.2d 1064 (2006)

395 Md. 424

SDC 214, LLC v. LONDON TOWNE PROPERTY OWNERS ASSOCIATION, INC., et al.

Court of Appeals of Maryland.

November 9, 2006.

Attorney(s) appearing for the Case

James C. Praley (Lessans, Praley & McCormick, P.A., on brief), Glen Burnie, for petitioner.

Joseph F. Devlin (Sarah Andrews of Council, Baradel, Kosmerl & Nolan, P.A., on brief), Annapolis, for respondents.

Lawrence P. Fletcher-Hill (Gordon, Feinblatt, Rothman, Hoffberger & Hollander, P.C.), Baltimore, brief of Sojourner-Douglass College, Inc. for petitioner, amicus curiae.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, BATTAGLIA, GREENE and JOHN C. ELDRIDGE, (Retired, specially assigned), JJ.

ELDRIDGE, J.

This case concerns the interpretation of a restrictive covenant which states that a six-acre parcel of land in Anne Arundel County "shall be undeveloped, except for educational facilities in conjunction with the Anne Arundel County Board of Education." The disputed issue is whether the quoted language means that the Board of Education was required to have been involved in the planning, design or construction of the educational facilities, or, on the other...

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