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CITY OF BOWIE v. MIE, PROPERTIES, INC.

No. 57, September Term, 2006.

922 A.2d 509 (2007)

398 Md. 657

CITY OF BOWIE, Maryland v. MIE, PROPERTIES, INC., et al.

Court of Appeals of Maryland.

May 4, 2007.

Attorney(s) appearing for the Case

Elisssa D. Levan (Robert H. Lean, Levan, Ferguson & Levan, P.A., on brief), Columbia, for petitioner/cross-respondent.

Charles S. Hirsch (Robert A. Scott, Ballard, Spahr, Andrews & Ingersoll, LLP, on brief, Baltimore, Sager A. Williams, Jr., Blumenthal, Delavan & Williams, P.A., Annapolis, on brief), for respondents/cross-petitioners.

Argued before BELL, C.J., RAKER, CATHELL, HARRELL, BATTAGLIA, GREENE and ALAN M. WILNER (Retired, specially assigned), JJ.

HARRELL, J.

We concern ourselves here with the standard for determining a challenge to the continuing vitality of restrictive covenants on real property. This case involves a set of restrictive covenants, recorded in 1986, encumbering originally a 466 acre parcel of land ("the Property") in Prince George's County. The current parties to the covenants are the City of Bowie, Maryland ("the City"), an original covenantee, and MIE, Inc. ("MIE"), a successor covenantor...

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