Gabaldon v. Sanchez

OPINION

SUTIN, Judge.

This action was brought in the District Court of Valencia County to recover damages to plaintiffs’ real property and to obtain injunctive relief as a result of sand and dirt blowing onto plaintiffs’ property from defendant’s adjoining property. The cause was tried to the court without a jury and judgment was entered awarding plaintiffs $3,000.00 in damages and ordering defendant to implement a terrain management program. Defendant appeals. We reverse.

In pertinent part, the trial court found that plaintiffs’ land was adjacent and contiguous with defendant’s land; that…