Legal Opinion

Smart v. Carpenter

New Mexico Court of Appeals

Decided March 30, 2006No. 25,667PublishedCited by 12 opinions

1Opinion of the Court

OPINION

CASTILLO, Judge.

{1} This is an appeal of the trial court’s dismissal of a complaint seeking enforcement of restrictive covenants governing a residential subdivision. We hold that the trial court erred in concluding that the actions of Appellee, Jimmy Carpenter (Carpenter), did not violate the covenants, and we therefore reverse the dismissal.

I. BACKGROUND

{2} Appellants are the owners of real property in River’s Edge Subdivision (Subdivision), located approximately fifteen miles east of Ruidoso in Lincoln County, New Mexico. Carpenter is also an owner of real property in the…

2Cases cited14 opinions

  1. New Mexico Right to Choose/NARAL v. JohnsonNew Mexico Supreme Court · 1999
  2. Webb v. New Mexico Pub. Co.New Mexico Supreme Court · 1943
  3. Holaday v. FrakerSupreme Court of Arkansas · 1996
  4. Wilcox v. Timberon Protective AssociationNew Mexico Court of Appeals · 1990
  5. Brooks v. Norwest Corp.New Mexico Court of Appeals · 2004

9 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Armijo v. Wal-Mart Stores, Inc.New Mexico Court of Appeals · 2007
  2. Mason Family Trust v. DeVaneyNew Mexico Court of Appeals · 2009
  3. Luginbuhl v. City of GallupNew Mexico Court of Appeals · 2013
  4. Eith v. Ketelhut, California Court of Appeal, 5th District2018
  5. AFSCME v. City of AlbuquerqueNew Mexico Court of Appeals · 2012

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API