(Download) "Village of Los Ranchos De Albuquerque v. Shiveley" by New Mexico Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Village of Los Ranchos De Albuquerque v. Shiveley
- Author : New Mexico Court of Appeals
- Release Date : January 07, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
The Village appeals the trial courts order granting summary judgment in favor of defendants and its order dismissing the complaint. The Village raises two issues: (1) whether the trial court erred in finding that the Village was attempting to enforce private covenants, and (2) whether the trial court erred in finding that a municipality which approves a subdivision plat based on certain restrictions or covenants cannot later enforce those restrictions or covenants, but may only enforce its subdivision ordinance. Defendants jointly cross-appeal, claiming (1) that the dismissals are not final, appealable orders, and (2) that the restrictions placed on the subdivision are restraints on alienation. We reverse and hold that a planning authority has standing to enforce reasonable restrictions imposed as a condition of subdivision approval.
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