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Appel v. Presley Cos.

New Mexico Supreme Court
806 P.2d 1054 (N.M.1991)



The Appels (plaintiffs) are homeowners in a subdivision owned by 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). Wolfe planned to build townhouses on his lot, which was previously barred by the covenants. The Appels brought this 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


Holding and Reasoning (Franchini, J.)

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