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This case concerns the interpretation of a covenant or restriction that binds the homeowners in a residential community. The Circuit Court for Harford County held that appellant Thomas E. Maloney had violated the restriction by parking what the court described as a “massive” army-surplus truck in the driveway of his home. In view of that violation, the court entered a permanent injunction against parking the truck at the Maloney home.

Maloney presents three questions for review:

I. Did the circuit court err in denying Maloney’s motion for judgment, at the close of Fountain Glen’s case-in-chief, on the theory that Fountain Glen failed to present sufficient evidence?

II. Did the circuit court erroneously prevent Maloney from introducing evidence that Fountain Glen had selectively enforced the restriction or that the restriction was no longer valid because of changed circumstances?

III. Did the circuit court err in denying Maloney’s motion to dismiss because of Fountain Glen’s failure to conduct a hearing before the Fountain Glen board before filing suit?


Read the unreported opinion.