CAMINO SIN PASADA NEIGHBORHOOD v. ROCKSTROH

No. 15641.

889 P.2d 247 (1994)

119 N.M. 212

CAMINO SIN PASADA NEIGHBORHOOD ASSOCIATION, Warren & Midge Arthur, Bobby & Lois Beal, Bill & Jeannie Boyle, David Brown, Ken & Connie Clair, Fred & Rue Garcia, Larry & Jill Black Garcia, Fred & Lenora Hoskie, Anthony & Cindy Kocurek, Paul Lutonsky, Woody & Sheila Nawman, Troy & Marilyn Peabody, Ray & Joan Pergeson, David & Danette Quintana, Linda Reid, Darold Rhodes, Ed & Laura Shannon, Aaron & Paula Smoot, Rich & Sue Strasia, Dennis Depoy, Plaintiffs-Appellees/Cross-Appellants, v. Steve ROCKSTROH, Gay Wilmerding, Dorothy Colborne, Linda Michele Rockstroh and Billie D. Abercrombie, Defendants-Appellants/Cross-Appellees.

Court of Appeals of New Mexico.

December 5, 1994.


Attorney(s) appearing for the Case

David Mathews, Mathews & Davis, P.A., Rio Rancho, for plaintiffs-appellees.

John P. Eastham, James T. Reist, Kemp, Smith, Duncan & Hammond, P.C., Albuquerque, for defendants-appellants.


OPINION

BOSSON, Judge.

This case arises out of a claimed easement across the land of Defendants benefitting Plaintiffs who are neighboring landowners. Defendants contend that the trial court erred by interpreting their deed from a predecessor in title to include the creation of an express easement. Plaintiffs cross-appeal arguing that the trial court erred in denying their claim to damages against Defendants for blocking the easement. We affirm the decision...

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