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HILL v. COMMUNITY OF DAMIEN OF MOLOKAI

No. 21715.

911 P.2d 861 (1996)

121 N.M. 353

William G. HILL, III, Derek Head, Charlene Leamons, and Bernard Dueto, Plaintiffs-Appellees, v. The COMMUNITY OF DAMIEN OF MOLOKAI, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied February 9, 1996.

Attorney(s) appearing for the Case

Protection and Advocacy System, Nancy Koenigsberg, Albuquerque, for Appellant.

William J. Darling & Associates, P.A., William J. Darling, Margaret P. Armijo, Albuquerque, Sylvain Segal, Albuquerque, for Appellees.

Michael B. Browde, Albuquerque, Singer, Smith & Williams, Nan E. Burke, Albuquerque, for Amici Curiae ACLU, et al.

OPINION

FROST, Justice.

1. Defendant-Appellant Community of Damien of Molokai (Community) appeals from the district court's ruling in favor of Plaintiffs-Appellees, enjoining the further use of the property at 716 Rio Arriba, S.E., Albuquerque, as a group home for individuals with AIDS. Plaintiffs-Appellees argue that the group home violates a restrictive covenant. The Community contends that the group home is a permitted use under the covenant and...

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