Legal Opinion

Lorentzen v. Smith

New Mexico Court of Appeals

Decided June 28, 2000No. 20070PublishedCited by 8 opinions

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

  1. Gartley v. RickettsNew Mexico Supreme Court · 1988
  2. State Ex Rel. Udall v. CresswellNew Mexico Court of Appeals · 1998

3Cited by8 opinions

  1. Navasota Resources, L.P. v. First Source Texas, Inc., Texas Court of Appeals, 10th District (Waco)2008
  2. H-B-S Partnership v. Aircoa Hospitality Services, Inc.New Mexico Court of Appeals · 2005
  3. McGarry v. ScottNew Mexico Supreme Court · 2003
  4. Stephens v. Trust for Public LandDistrict Court, N.D. Georgia · 2007
  5. Primetime Hospitality, Inc. v. City of AlbuquerqueNew Mexico Court of Appeals · 2007

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API