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MILLER v. BAY CITY PROPERTY OWNERS ASSOC., INC.

No. 131 September Term, 2005.

903 A.2d 938 (2006)

393 Md. 620

Eric MILLER v. BAY CITY PROPERTY OWNERS ASSOCIATION, INC.

Court of Appeals of Maryland.

July 31, 2006.

Attorney(s) appearing for the Case

J. Donald Braden (Foster, Braden & Thompson, L.L.P., Stevensville, MD), on brief, for Petitioner.

Stephen Z. Meehan (Joseph B. Tetrault of Funk & Bolton, P.A., Chestertown, MD), on brief, for Respondent.

Argued before BELL, C.J., and RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.

CATHELL, J.

This case concerns the creation of covenants of reservation in real property schemes of development. Eric Miller, petitioner, purchased a tract of land from Bay City Property Owners Association, Inc. ("BCPOA"), respondent. Petitioner filed suit in the Circuit Court for Queen Anne's County after being denied permission to build a residence on the purchased lot because the tract of land was alleged by BCPOA to be restricted to use as a "Community Boat Harbor...

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