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HINES CORP. v. CITY OF ALBUQUERQUE

No. 12720.

621 P.2d 1116 (1980)

95 N.M. 311

HINES CORPORATION, a New Mexico Corporation, Plaintiff-Appellee, v. CITY OF ALBUQUERQUE, Defendant-Appellee. E. R. ALLEMAN and Doris Alleman et al., Plaintiffs-Appellees, v. HINES CORPORATION et al., Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied January 13, 1981.

Attorney(s) appearing for the Case

Moses, Dunn, Beckley, Espinosa & Tuthill, Thomas J. Dunn, Albuquerque, for defendants-appellants.

William J. Kraemer, Asst. City Atty., Bernard Robinson, George F. Stevens, Wheeler, Poulson & Associates, John C. Wheeler, Albuquerque, for plaintiffs-appellees.

OPINION

SOSA, Chief Justice.

This case presents the question of whether six quadraplexes built by the Hines Corporation in the Cherry Hills subdivision of Albuquerque, New Mexico, must be brought into conformance with restrictive covenants allegedly applicable to the land. We decide that they should. The issues we address are:

1. Whether certain restrictive covenants apply to the tract of land upon which...

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