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RIDGE PARK HOME OWNERS v. PENA

No. 10265.

544 P.2d 278 (1975)

88 N.M. 563

RIDGE PARK HOME OWNERS, William and Sarah Jane Blackstad, et al., Plaintiffs-Appellants, v. Dennis S. and Patricia J. PENA, Defendants-Appellees.

Supreme Court of New Mexico.

As Amended December 5, 1975.

Attorney(s) appearing for the Case

Branch & Branch, Turner W. Branch, Albuquerque, for plaintiffs-appellants.

Rodey, Dickason, Sloan, Akin & Robb, Gene C. Walton, Albuquerque, for defendants-appellees.

OPINION

SOSA, Justice.

This is a case involving building and use restrictions in a subdivision and concerns the effect of amending restrictive covenants of that subdivision. Plaintiffs-appellants filed an action in the district court of Bernalillo County to enjoin the construction of a drug store and physician's office on two lots in the Ridge Park Addition subdivision in Albuquerque. The lots in question were subject to residential restrictions of record...

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