Chevy Chase Village v. Jaggers
Maryland Court of Appeals
261 A.2d 792 (Md. 1970)
Jaggers (defendant) obtained an exception to use his residential lot partly as a medical office, but after moving away and leasing the residence while continuing to use the office, Chevy Chase Village (plaintiff) sued to enforce a restrictive covenant limiting the lot to residential use; the subdivision included a church, utility lots, and sixty lots specifically set aside for commercial development among over 200 residential lots. The trial court found the covenants unenforceable due to changed neighborhood character, and the Village appealed.
Whether a restrictive covenant limiting residential lots to residential use remains enforceable against a homeowner who converted his residence into a standalone office, despite some nonresidential development within the broader subdivision.