Legal Opinion

Mason Family Trust v. DeVaney

New Mexico Court of Appeals

Decided March 26, 2009No. 28,554PublishedCited by 16 opinions

1Opinion of the Court

OPINION

SUTIN, Judge.

{1} Plaintiff Mason Family Trust (Mason) sought an injunction against Defendant Matt Devaney to prevent Devaney from renting his cabin on a short-term basis. Devaney’s property lies within what is considered a residential subdivision, called the White Fir Subdivision, located in an area called the Upper Canyon in Ruidoso, New Mexico. Mason also sought a writ of mandamus against the Village of Ruidoso to require the Village to enforce certain ordinances that Mason claimed prohibited Devaney’s activity. The mandamus action was stayed as to the Village, pending the outcome of…

2Cases cited9 opinions

  1. Yogman v. ParrottOregon Supreme Court · 1997
  2. Munson v. Milton, Texas Court of Appeals, 4th District (San Antonio)1997
  3. Cain v. Champion Window Co. of Albuquerque, LLCNew Mexico Court of Appeals · 2007
  4. O’connor v. Resort Custom Builders, IncMichigan Supreme Court · 1999
  5. Hill v. Community of Damien of MolokaiNew Mexico Supreme Court · 1996

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3Cited by16 opinions

  1. Tarr v. Timberwood Park Owners Ass'n, Inc.Texas Supreme Court · 2018
  2. Slaby v. Mountain River Estates Residential Ass'nCourt of Civil Appeals of Alabama · 2012
  3. Houston v. Wilson Mesa Ranch Homeowners Association, IncColorado Court of Appeals · 2015
  4. Santa Monica Beach Property Owners Ass'n v. AcordDistrict Court of Appeal of Florida · 2017
  5. Heltman v. CatanachNew Mexico Court of Appeals · 2009

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