Legal Opinion

Aragon v. Brown

New Mexico Court of Appeals

Decided August 28, 2003No. 22,472PublishedCited by 21 opinions

1Opinion of the Court

OPINION

VIGIL, Judge.

{1} This case presents an issue of first impression: whether validly enacted, unambiguous restrictive covenants running with the land (covenants) that do not violate public policy, statutory, or constitutional provisions are subject to a separate requirement of “reasonableness” before they are enforced by injunctive relief. Sixty-seven landowners in the Vista Land Subdivision (Subdivision) filed a complaint for injunctive relief seeking to remove a manufactured home Defendants (the Browns) placed in the Subdivision. The manufactured home violates pre-existing, valid…

2Cases cited15 opinions

  1. Colandrea v. Wilde Lake Community Ass'nCourt of Appeals of Maryland · 2000
  2. New Mexico Right to Choose/NARAL v. JohnsonNew Mexico Supreme Court · 1999
  3. Montoya v. BarrerasNew Mexico Supreme Court · 1970
  4. Hill v. Community of Damien of MolokaiNew Mexico Supreme Court · 1996
  5. Wilcox v. Timberon Protective AssociationNew Mexico Court of Appeals · 1990

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

3Cited by21 opinions

  1. Jones v. SchoellkopfNew Mexico Court of Appeals · 2005
  2. Agua Fria Save the Open Space Ass'n v. RoweNew Mexico Court of Appeals · 2011
  3. Leigh v. Village of Los LunasNew Mexico Court of Appeals · 2004
  4. Smart v. CarpenterNew Mexico Court of Appeals · 2006
  5. Luginbuhl v. City of GallupNew Mexico Court of Appeals · 2013

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

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