Hines Corp. v. City of Albuquerque

OPINION

SOSA, Chief Justice.

This case presents the question of whether six quadraplexes built by the Hines Corporation in the Cherry Hills subdivision of Albuquerque, New Mexico, must be brought into conformance with restrictive covenants allegedly applicable to the land. We decide that they should. The issues we address are:

1. Whether certain restrictive covenants apply to the tract of land upon which defendant Hines built the six quadraplexes?

2. If the covenants apply, does the doctrine of relative hardships prevent their enforcement?

3. Whether the trial court erred in awarding damages to…