CYPRESS GARDENS, LTD. v. PLATT

No. 18024.

952 P.2d 467 (1997)

124 N.M. 472

1998-NMCA-007

CYPRESS GARDENS, LTD., Plaintiff-Appellant, v. Terry L. PLATT and Caterina M. Platt, Defendants-Appellees.

Court of Appeals of New Mexico.

December 3, 1997.


Attorney(s) appearing for the Case

Dennis M. McCary, Nancy Augustus, Albuquerque, for Plaintiff-Appellant.

Anthony J. Williams, Los Lunas, for Defendants-Appellees.


OPINION

BOSSON, Judge.

1. In this case of first impression, we hold that an enforceable restrictive covenant, which includes a reserved right to approve or reject mobile homes, need not contain specific standards for granting or denying approval. The right to approve or deny shall be governed instead by a general standard of reasonableness. We reverse and remand.

BACKGROUND

2. On April 19, 1988, Plaintiff Cypress Gardens, Ltd., the...

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