Sale of Building Stymied by Age-Old Covenant
Frederick County would like to sell the former Citizens Care and Rehabilitation Center and Montevue Assisted Living facilities, while a group of concerned citizens has sued to stop them. A Frederick County judge has ruled that the dispute must be decided by a jury at trial. At issue: A 186-year-old restrictive covenant.
In 1828, Elias Brunner sold 88 acres to Frederick County. The deed included language stating that the land was to be used for the Benefit of the Poor of said County, and to and for no other use, intent or purpose whatsoever.
The citizens group suing to block the sale says any sale to a for-profit corporation would violate the covenant.
No longer an assisted living facility, the land is now the site of buildings offering county services, including animal control, transit, fleet and highway operations, and emergency services. A warehouse, a University of Maryland building, and the Scott Key Center are also on the property.
Lawyers for Frederick County argued that some of the current uses of the land might already be in violation of the covenant limiting its uses to those that benefit the poor. They also argued that the county would face severe economic hardship if the covenant were enforced.
In evaluating the claims of each side, Judge Theresa M. Adams did not rule on whether the sale of the land to a for-profit company violates the deed’s language. She concluded, instead, that it was a matter for a jury to decide. She also denied Frederick County’s request for an immediate appeal, expressing skepticism about the economic harm that the county said would result from having to wait until the end of a trial on the issues.
Restrictive covenants and other land-use limitations can greatly complicate real estate development and can have a dramatic impact on the value of property. If you have land-use dispute or similar property issue, an experienced real estate litigation attorney can aggressively represent your interests and guide you throughout process to put you in the best possible position. Longman & Van Grack’s real estate litigation attorneys possess experience and expertise representing plaintiffs and defendants in a wide range of real estate actions. Contact us today at (301) 291-5027 to schedule a consultation.
