NAVAJO ACADEMY v. NAVAJO MISSION SCHOOL

No. 18006.

785 P.2d 235 (1990)

109 N.M. 324

NAVAJO ACADEMY, INC.; Thomas Atcitty, Dr. Sam Billinson, Dillon Platero, Virgil Kirk, Anita Pfeiffer, Leonard Arviso, Andrew Natonabah, Wally Davis, David Tsosie, and Cheryl Yazzie, in their official capacities as members of the Board of Trustees of Navajo Academy, Inc., Plaintiffs-Appellees, v. NAVAJO UNITED METHODIST MISSION SCHOOL, INC.; George Hartzog, individually and in his official capacity as Executive Director of Navajo United Methodist Mission, Richard Lewis, Janice Caster, Broadace Elkins, Pat King, Adele Hope King, Marge Knotke, David Saucier, Betty Todacheney, Raymond Tsosie, James Miller, in their official capacity as members of The Board of Directors of United Methodist Mission School, Inc.; and Women's Division of the Board of Global Ministries of the United Methodist Church, Defendants-Appellants.

Supreme Court of New Mexico.

January 16, 1990.


Attorney(s) appearing for the Case

Tomita & Simpson, Susan K. Tomita, Albuquerque, Claudeen Bates Arthur, Whiteriver, Ariz., for appellants Navajo School & Hartzog.

Modrall, Sperling, Roehl, Harris & Sisk, P.A., J. Douglas Foster, Albuquerque, Owens, Whiteman & Bankes, Paul J. Bankes, Jr., Philadelphia, Pa., for appellant's Women's Div.

Roth, VanAmberg, Gross, Amarant & Rogers, Michael P. Gross, Santa Fe, for appellees.


OPINION

MONTGOMERY, Justice.

This appeal challenges the propriety of a district court order which, while it has the effect of terminating a tenancy as to real property, allows the tenant to remain in possession of the property for an extended period after termination. The landlord, defendant below, appeals the court's order, claiming lack of substantial evidence to support its findings of fact and lack of legal ground to support the order in favor of the...

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