CUNNINGHAM v. GROSS

No. 15458.

699 P.2d 1075 (1985)

102 N.M. 723

Leslie CUNNINGHAM, John Cunningham, Alan R. Rackstraw, Marcia Y. Rackstraw, Shannon Deacon, Robb Deacon, Errol Seitz, Karl J. Seitz, David C. Wernicke, Donna L. Wernicke and Hugh S. McLeod, Plaintiffs-Appellants, v. Melvin GROSS and Pearl F. Gross, Defendants-Appellees.

Supreme Court of New Mexico.

May 17, 1985.


Attorney(s) appearing for the Case

Delayo & Olson, Michael Allison, Albuquerque, for plaintiffs-appellants.

Wycliffe V. Butler, Albuquerque, for defendants-appellees.


OPINION

W. JOHN BRENNAN, District Judge.*

Plaintiffs originally brought an action for declaratory and injunctive relief to enforce protective covenants in the form of building height restrictions. Defendants responded with a motion for summary judgment asserting that the restrictive covenants were not violated. The district court granted summary judgment on grounds that any alleged covenant violation was de minimis. Plaintiffs...

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