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SINGLETERRY v. CITY OF ALBUQUERQUE

No. 13171.

632 P.2d 345 (1981)

96 N.M. 468

Monte R. SINGLETERRY et al., Plaintiffs-Appellees, v. CITY OF ALBUQUERQUE, Defendant-Appellant.

Supreme Court of New Mexico.

April 3, 1981.

Attorney(s) appearing for the Case

William L. Kraemer and Gary Daves, Deputy City Attys., Albuquerque, for defendant-appellant.

Michael L. Danoff, Albuquerque, for plaintiffs-appellees.

OPINION

FEDERICI, Justice.

Appellees (Singleterrys) own property on which their home is located in the City of Albuquerque. Their deed to the property contains a restrictive covenant requiring them to construct a block wall at least five feet high on their property boundaries with adjoining lots. Singleterrys constructed a wall eight feet high. A City zoning ordinance applicable to this area apparently limits fence or wall heights to eight feet.

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