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BAKER v. THE ADAY TRUST

No. 19,150.

991 P.2d 994 (1999)

128 N.M. 250

1999-NMCA-123

Wayne and Joanna BAKER, Husband and Wife; Dorothy Pyle; David and Sherry Moon, Husband and Wife; Edna Hammons; Joyce Thrasher; Michael Thrasher; Cathy Bilberry; Michael and Evelyn Schwartz, Husband and Wife; Elsie Stokes; Thomas and Joy Stevenson, Husband and Wife; and Delta Allen, Plaintiffs-Appellees, v. The BENNIE J. ADAY AND DIXIE J. ADAY REVOCABLE TRUST; Scott A. Christensen and Jane H. Christensen, Husband and Wife; Charles R. Horn and Norma J. Horn, Husband and Wife; and Kim Humble, Defendants-Appellants.

Court of Appeals of New Mexico.

September 3, 1999.

Attorney(s) appearing for the Case

David F. Richards, Van Soelen, Greig & Richards, P.A., Clovis, for Plaintiffs-Appellees.

Nancy S. Cusack, Hinkle, Cox, Eaton, Coffield & Hensley, L.L.P., Roswell, for Defendants-Appellants.

OPINION

ARMIJO, Judge.

{1} The formal opinion filed on April 26, 1999 is hereby withdrawn and the following opinion is substituted. The Motion for Rehearing filed by Appellees is denied.

{2} Defendants appeal a district court order that enjoins them from erecting manufactured housing on more than thirty undeveloped lots in a Portales, New Mexico, subdivision. The district court issued the injunction per restrictive covenants affecting the...

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