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