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600 N. FREDERICK v. BURLINGTON

No. 89, September Term, 2010.

19 A.3d 837 (2011)

419 Md. 413

600 NORTH FREDERICK ROAD, LLC v. BURLINGTON COAT FACTORY OF MARYLAND, LLC.

Court of Appeals of Maryland.

Reconsideration Denied June 16, 2011.

Attorney(s) appearing for the Case

James H. Hulme (Arent Fox LLP, Washington, DC; Douglas M. Bregman of Bregman, Berbert, Schwartz & Gilday, LLC, Bethesda, MD), on brief, for Petitioner.

Kurt J. Fischer (Melissa L. Mackiewicz of DLA Piper LLP (US), Baltimore, MD), on brief, for Respondent.

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

HARRELL, J.

"Gallia est omnis divisa in partes tres. . . ."1 As the tribes of the three parts of ancient Gaul presented unique problems for Julius Caesar, an owner and a tenant, among the three parcels comprising the subject real property of this case, present us with a matter of first impression in Maryland law.

This case requires us to determine if and when a declaration of covenants regarding real property (essentially...

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