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Court Enforces Residential Restriction v. Developer

Practice Area: Real Estate

Outcome: Homeowners Victorious in Battle v. Developer

Description: In NAMLEB Corp. v. Garrett, 149 Md. App. 163, 814 A.2d 585 (2002), a husband and wife purchased a home within the Beaufort Park subdivision located in Fulton, Maryland. The lots within the subdivision were subject to residential restrictions imposed by a Declaration of Covenants. One of the restrictions read as follows: LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes ... . No residence other than one detached single-family dwelling shall be erected on any one lot in said subdivision. Several years later, an investor/developer named NAMLEB purchased a parcel of real property adjoining the Beaufort Park known as Parcel 14. At the same time, NAMLEB purchased Lot 20 in the Beaufort Park subdivision on which a one-family dwelling had already been erected. Lot 20 was located at a cul-de-sac of Penelope Court where these Howard County homeowners resided. Later, NAMLEB subdivided Parcel 14 into nine lots. When doing so, it re-subdivided Lot 20 of the Beaufort Park subdivision among Lots 1 to 6, giving each of these six lots a shared "pipe-stem" driveway to Penelope Court. Opposing NAMLEB's efforts to transform Lot 20 into a driveway to serve six properties outside the Beaufort park Subdivisons, these Howard County homeowners engaged Kramer & Connolly to bring suit to enjoin the use of Lot 20 for this purpose. The homeowners prevailed at the trial court and preserved their victory in the Court of Special Appeals.

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