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Hill v. Community of Damien of Molokai
Supreme Court of New Mexico
121 N.M. 353 (1996), 911 P.2d 861
Community of Damien of Molokai (Community) (defendant) operates a group home for individuals with AIDS in Albuquerque. Four individuals reside in the home, and are cared for by nursing staff, who do not live in the residence. Community’s neighbors, including William Hill (plaintiff), filed for an injunction to enforce a covenant that existed on the land on which Community was located. The covenant stated that the land was to be used for single family purposes only. The district court ruled that Community’s use of the property in question violated the covenant on the property, and thus Community was unable to operate a group home. Community petitioned for certiorari to the Supreme Court of New Mexico.
Rule of Law
Holding and Reasoning (Frost, J.)
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