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County Commissioners of Charles County v. St. Charles Associates Limited Partnership No. 7, September Term, 2001 Headnote: A county and a developer entered into a written agreement to settle various issues related to the build-out of a large planned unit development. The trial court ruled and the intermediate court affirmed the enforcement of the terms of this agreement against the county. We affirm. We hold that the agreement contains covenants "running with the land." Also, we hold that the deeds conveying real property in this case, by their terms, implicitly conveyed the contractual rights and privileges set forth in the agreement, and that these rights and privileges were effectively assigned via the deeds. Thus, the subsequent assignment of the agreement, eleven months later, was only a redundant formalization of the effective assignment that had been carried out at the time of conveyance.

Circuit Court for Charles County Case # CV

89-720 IN THE COURT OF APPEALS OF MARYLAND No. 7 September Term, 2001

COUNTY COMMISSIONERS OF CHARLES COUNTY et al.

v.

ST. CHARLES ASSOCIATES LIMITED PARTNERSHIP et al.

Bell, C. J. Eldridge Raker Wilner Cathell Harrell Karwacki, Robert L. (retired, specially assigned), JJ.

Opinion by Cathell, J.

Filed: November 8, 2001

This case concerns a 1989 Settlement Agreement created by and between the County Commissioners of Charles County and St. Charles Associates, LP and the Interstate General Company, resolving various issues of contention between these two parties, as the developer proceeded its build-out of a large planned unit development district established in 1970 and located in Charles County. This 1989 Settlement Agreement arose out of proposals to

strengthen the planning process and improve the orderly growth of Charles County, and to ensure adequate infrastructure and facilities linked to the substantial development of property in this planned unit development district

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Maryland Law