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HOVNANIAN v. ANNAPOLIS TOWNE CENTRE

No. 71, September Term, 2010.

25 A.3d 967 (2011)

421 Md. 94

HOVNANIAN LAND INVESTMENT GROUP, LLC, et al. v. ANNAPOLIS TOWNE CENTRE AT PAROLE, LLC.

Court of Appeals of Maryland.

July 20, 2011.

Attorney(s) appearing for the Case

Philip A. Sechler ( David M. Krinsky of Williams & Connolly LLP, Washington, D.C.); 1 James A. McGuire (McGuire, McGuire & Linden, P.A., Edgewater, MD), on brief, for petitioners.

Ira L. Oring ( Brandi Phillips of Fedder and Garten Professional Association, Baltimore, MD), on brief, for respondent.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.

ADKINS, J.

In this case, we must revisit contracts with "non-waiver" clauses and determine whether and how a party to such a contract can waive its requirements and conditions. Respondent, the owner of a large, mixed-use development near Annapolis, Maryland, agreed to sell a portion of the property to Petitioner, a developer, for the construction of a residential tower. The contract required certain conditions to be met by Respondent prior to the closing, and also...

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