Appel v. Presley Companies
New Mexico Supreme Court
806 P.2d 1054 (1991)
- Written by Sean Carroll, JD
Facts
The Appels (plaintiffs) were homeowners in a subdivision owned by the Presley Company of New Mexico (Presley) (defendant). The subdivision was subject to covenants restricting the type and size of the residential buildings to be built in the subdivision. About two years after the Appels bought their lot, Presley amended the restrictive covenants, shielding certain lots from their requirements. Presley then sold one of those shielded tracts to a third party, Wolfe Company, Inc. (Wolfe). Wolfe planned to build townhouses on the lot, which was previously barred by the covenants. The Appels brought suit requesting a permanent injunction, stopping Wolfe from building anything that violated the restrictive covenants. Presley filed a motion for summary judgment, which was granted by the trial court. The Appels appealed.
Rule of Law
Issue
Holding and Reasoning (Franchini, J.)
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