Yarger v. Timberon Water & Sanitation District

OPINION

KENNEDY, Judge.

{1} Ron and Jean Yarger (Plaintiffs) sued for a declaratory judgment concerning the authority of Timberon Water and Sanitation District (TWSD) to own and operate an airfield in Otero County. This occurred after TWSD sought to enter on Plaintiffs’ land to clear an object-free zone that is mandated by Federal Aviation Administration (FAA) regulations to exist around the runway. In addition, Plaintiffs sought to have an amended restrictive covenant allowing TWSD to enter their property declared void. They appeal from the trial court’s summary judgment in favor of TWSD on…