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DACY v. VILLAGE OF RUIDOSO

No. 20143.

845 P.2d 793 (1992)

114 N.M. 699

Wayne DACY and Sandra Dacy, his wife Petitioners-Appellants, v. VILLAGE OF RUIDOSO, Respondent-Appellee.

Supreme Court of New Mexico.

November 19, 1992.

Attorney(s) appearing for the Case

Sam A. Westergren, Santa Fe, for petitioners-appellants.

David A. Thomsen, Ruidoso, for respondent-appellee.

OPINION

MONTGOMERY, Justice.

In this case we deal with an instance of so-called "contract zoning." The trial court found that the Village of Ruidoso ("the Village") had contracted with the appellants, Wayne and Sandra Dacy, to rezone a tract of land conveyed to them in exchange for another tract and held that the contract was void for illegality. In the Dacys' suit against the Village for damages for breach of contract, the court after a bench trial...

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