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DLY-ADAMS PLACE v. WASTE MGT. OF MARYLAND

Nos. 09-CV-40, 09-CV-129.

2 A.3d 163 (2010)

DLY-ADAMS PLACE, LLC, Appellant/Cross-Appellee v. WASTE MANAGEMENT OF MARYLAND, INC., Appellee/Cross-Appellant.

District of Columbia Court of Appeals.

Decided August 5, 2010.

Attorney(s) appearing for the Case

David C. Tobin, with whom Stephen J. O'Connor and Forrest G. Read, IV, Washington, DC, were on the brief, for appellant.

Philip T. Evans, Washington, DC, with whom Elizabeth L. Phelps, was on the brief, for appellee.

Before REID and KRAMER, Associate Judges, and KING, Senior Judge.

KRAMER, Associate Judge:

DLY-Adams Place ("DLY") sued Waste Management of Maryland, Inc. ("WMI") to prevent WMI from driving its garbage trucks through an alleyway on DLY's property. On appeal, we are asked to interpret a restrictive covenant and a forbearance agreement that arose out of a real estate transaction in which DLY bought real property, including the alleyway, from WMI. The trial court held that WMI did not reserve a right to use the alleyway when it sold...

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