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ANDREW C. MOORE, ET AL. v. ROLAND PARK ROADS & MAINTENANCE CORP.

Real property — Covenants — Business judgment rule

This appeal arises out of a dispute between Andrew and Whitney Moore and the Roland Park Roads and Maintenance Corporation (the “Corporation”) regarding covenants (the “Covenants”), which the Corporation asserts encumber the Moores’ residence in the Roland Park neighborhood of Baltimore City. The Moores filed a civil action in the Circuit Court for Baltimore City seeking a declaratory judgment to the effect that the Roland Park Covenants (1) do not apply to their property or (2) if the Covenants do apply, the Corporation misapplied them when it denied the Moores’ proposal to build a garage on their property. The circuit court denied relief. The Moores raise two issues on appeal, which we have reworded:

(1) Did the trial court err when it decided that the Covenants applied to the Moores’ lot?

(2) Did the trial court err when it concluded that business judgment rule applied to the Corporation’s decision to deny the Moores’ application?

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