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HEATH v. PARKER

No. 12331.

604 P.2d 818 (1980)

93 N.M. 680

Harry W. HEATH and Fern Heath, his wife, John M. Wood and Catherine Wood, his wife, Harry A. Alexander and Ruth Alexander, his wife, Forrest Brown and Marcia Brown, his wife, John B. Klein and Helen Klein, his wife, William K. Church and Hazel Church, his wife, and Edythe M. Polster, a single woman, Plaintiffs-Appellees, v. Ross E. PARKER and Anne Parker, his wife, Defendants-Appellants.

Supreme Court of New Mexico.

January 3, 1980.

Attorney(s) appearing for the Case

Standley & Suzenski, Robert Suzenski, Santa Fe, Bert E. Newland, Deming, for defendants-appellants.

John F. Schaber, Deming, for plaintiffs-appellees.

OPINION

EASLEY, Justice.

Harry and Fern Heath and eleven other subdivision lot owners (Heath) sued Ross and Anne Parker (Parker) to enforce a restrictive covenant against placing a "trailer" in the subdivision, claiming that Parker's double-wide mobile home fits that definition. The trial judge found for Heath. We reverse.

The sole issue is whether Parker's mobile home is a trailer under the circumstances here. The material facts are not in dispute...

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