This section contains the nature of the case and procedural background.

Jagger (D) purchased a lot in Chevy Chase that was subject to restrictive covenants. D used his lot as his home and for his medical practice. D had done this since 1948 and in 1954 actually applied for a special exception, and that was granted without any complaint by any of the other lot holders in the subdivision that were subject to the restrictive covenants. P sued D to stop him from using the house as his medical office. The trial court ruled for P and D appealed.

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