HOLIDAY MANAGEMENT COMPANY v. CITY OF SANTA FE

No. 9095.

488 P.2d 730 (1971)

83 N.M. 95

HOLIDAY MANAGEMENT COMPANY, a partnership, Plaintiff-Appellee, v. The CITY OF SANTA FE, a Municipal Corporation et al., Defendants-Appellants.

Supreme Court of New Mexico.

August 30, 1971.


Attorney(s) appearing for the Case

John F. McCarthy, Jr., Sumner S. Koch, Santa Fe, for defendants-appellants.

George A. Graham, Jr., Truth or Consequences, for plaintiff-appellee.


OPINION

STEPHENSON, Justice.

Defendant-appellant ("City") has appealed from the issuance of an injunction which prohibited it from enforcing its zoning ordinances as they applied to a non-conforming Holiday Inn sign.

Neither plaintiff-appellee ("the partnership") nor its predecessor in interest owned the sign. Rather, both were lessees of the sign which was owned by Holiday Inns of America, Inc. ("the corporation") which was not a party.

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