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VILLAGE OF CAPITAN v. KAYWOOD

No. 13475.

632 P.2d 1162 (1981)

96 N.M. 524

VILLAGE OF CAPITAN, a Municipality in the State of New Mexico, Petitioner-Appellant, v. Ernest KAYWOOD and Bobbie Kaywood, husband and Wife, Respondents-Appellees.

Supreme Court of New Mexico.

August 18, 1981.

Attorney(s) appearing for the Case

Payne, Mitchell & Quigley, Gary C. Mitchell, Ruidoso, for petitioner-appellant.

Witham & Wall, Donald J. Wall, Carrizozo, for respondents-appellees.

OPINION

EASLEY, Chief Justice.

The Village of Capitan (Village) sued to obtain a permanent injunction against the Kaywoods to prevent them from obstructing a public road. The trial court dismissed the petition and granted the Kaywoods the right to maintain a fence across the road. The Village appeals. We reverse.

The issue presented is whether there was substantial evidence to support the trial court's conclusion that the Village had not established...

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