Spray v. City of Albuquerque

OPINION

PAYNE, Justice.

Appellee Stanley D. Spray, as the representative of a homeowner’s group, sought an injunction to prevent the City of Albuquerque from constructing a five foot fence around the Arroyo del Oso Golf Course and to enforce a contract entered into by the parties which provided for lower fencing specifications. The District Court of Bernalillo County granted the injunction. The City appeals and raises three arguments as grounds for reversal. We affirm the district court.

The appellee homeowners all own houses which border the Arroyo del Oso Golf Course, situated and designed to…