RDC Melanie Drive v. Eppard
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The Court of Appeals affirmed the judgment of the court of special appeals affirming the circuit court's declaratory judgment concluding that Homeowners' amended restrictive covenant validly prohibited the construction of a commercial driving range on a lot within a residential subdivision and that a restrictive covenant permitted the realignment of the lot's property boundaries, holding that the circuit court did not err.
Petitioner applied for zoning variances and exceptions from the Talbot County Board of Appeals to modify the boundaries of the sixth of five lots in the Swan Point Subdivision and to construct a driving range. Respondents, property owners in Swan Point, opposed the variance and amended the restrictive covenant specifically to prohibit a driving range on any lot within Swan Point. The Board granted the zoning variance for Petitioner. After the circuit court affirmed, Respondents brought this declaratory judgment action. The circuit court declared that Respondents' restrictive covenant validly prohibited the construction of a driving range on the lot at issue and that the original Swan Point restrictive covenant permitted the realignment of the lot's property boundaries. The court of special appeals affirmed. The Court of Appeals affirmed, holding that the circuit court reached the correct result.
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