Romero v. Bernell
United States District Court for the District of New Mexico
603 F. Supp. 2d 1333 (2009)
Martin and Dennis Romero (plaintiffs) owned land in Taos County, New Mexico, as tenants in common. The Romeros filed a petition to partition their land. Ronald Bernell (defendant), who also owned a portion of the land, opposed the partition. Bernell asserted that the property could not be partitioned equitably because the property’s principal future value would have come from development as a wind farm. Bernell claimed generally that wind-power rights were like mineral rights and could not be partitioned. Bernell also argued that partitioning the land might disadvantage Bernell in the future if the Romeros decided to develop a wind farm on their portion of the land and did not invite Bernell’s portion of the land to participate in that development.
Rule of Law
Holding and Reasoning (Black, J.)
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