Lorentzen v. Smith
New Mexico Court of Appeals
1Opinion of the Court
OPINION
BOSSON, Judge.
{1} This appeal affords us another opportunity to address the New Mexico Subdivision Act (the Subdivision Act), NMSA 1978, §§ 47-6-1 through -29 (1973, as amended through 1995), in light of our recent opinion in State ex rel. Udall v. Cresswell, 1998-NMCA-072, 125 N.M. 276, 960 P.2d 818, and particularly the concept of merger as a means to identify subterfuges that are designed to circumvent the Subdivision Act. In that context, we also discuss whether a contractual right of first refusal at fair market value constitutes an unlawful restraint on alienation of property.…
2Cases cited2 opinions
- Gartley v. RickettsNew Mexico Supreme Court · 1988
- State Ex Rel. Udall v. CresswellNew Mexico Court of Appeals · 1998
3Cited by8 opinions
- Navasota Resources, L.P. v. First Source Texas, Inc., Texas Court of Appeals, 10th District (Waco)2008
- H-B-S Partnership v. Aircoa Hospitality Services, Inc.New Mexico Court of Appeals · 2005
- McGarry v. ScottNew Mexico Supreme Court · 2003
- Stephens v. Trust for Public LandDistrict Court, N.D. Georgia · 2007
- Primetime Hospitality, Inc. v. City of AlbuquerqueNew Mexico Court of Appeals · 2007
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