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Ridge Park Home Owners v. Pena

New Mexico Supreme Court

88 N.M. 563 (1975)

Facts

The Ridge Park Addition subdivision had a restrictive covenant requiring that many of the lots be used for residential purposes. The majority of the owners in the Ridge Park Addition voted to allow commercial use on two of the lots subject to this covenant. Subsequently, construction of a drug store and a physician’s office were planned for the two lots. The Ridge Park Home Owners (plaintiff) sought to enjoin the construction and brought suit against the developers, Dennis and Patricia Pena (defendants). The district court dismissed the complaint, and the Ridge Park Home Owners appealed.

Rule of Law

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Issue

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Holding and Reasoning (Sosa, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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