Legal Opinion

Eldorado Community Improvement Ass'n v. Billings

New Mexico Court of Appeals

Decided March 28, 2016No. Docket 33,850Published

1Opinion of the Court

OPINION

SUTIN, Judge.

{1} This case pits a subdivision association against several subdivision residents who keep hens as pets. The dispute is over a subdivision covenant that disallows “animals, birds, or poultry” on residents’ lots unless kept as “recognized household pets.” The subdivision association sued the defendant hen owners to rid their properties of hens. The defendants (the owners) claimed that their hens met the recognized household pet exception. On motions for summary judgment, the district court agreed with the subdivision association and required the owners to remove their hens…

2Cases cited10 opinions

  1. Mark V, Inc. v. MellekasNew Mexico Supreme Court · 1993
  2. C.R. Anthony Co. v. Loretto Mall PartnersNew Mexico Supreme Court · 1991
  3. Levenson v. MobleyNew Mexico Supreme Court · 1987
  4. Montoya v. BarrerasNew Mexico Supreme Court · 1970
  5. Hill v. Community of Damien of MolokaiNew Mexico Supreme Court · 1996

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