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SPRAY v. CITY OF ALBUQUERQUE

No. 12420.

608 P.2d 511 (1980)

94 N.M. 199

Mr. and Mrs. Stanley D. SPRAY et al., Plaintiffs-Appellees, v. CITY OF ALBUQUERQUE, New Mexico, a Municipal Corporation, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied April 8, 1980.

Attorney(s) appearing for the Case

Susan Green, Albuquerque, for defendant-appellant.

Rodey, Dickason, Sloan, Akin & Robb, Catherine T. Goldberg, Albuquerque, for plaintiffs-appellees.

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...

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