ARAGON v. BROWN

No. 22,472.

78 P.3d 913 (2003)

134 N.M. 459

2003-NMCA-126

Jim ARAGON, et al., as homeowners in the Vista Land Subdivision, Plaintiffs-Appellants, v. George F.M. BROWN and Yvette Brown, Defendants-Appellees.

Court of Appeals of New Mexico.

August 28, 2003.


Attorney(s) appearing for the Case

John P. Hays, Kenneth J. Cassutt, Cassutt, Hays & Friedman, P.A., Santa Fe, NM, for Appellants.

James A. Chavez, James A. Chavez, P.C., Albuquerque, NM, for Appellees.


OPINION

VIGIL, Judge.

{1} This case presents an issue of first impression: whether validly enacted, unambiguous restrictive covenants running with the land (covenants) that do not violate public policy, statutory, or constitutional provisions are subject to a separate requirement of "reasonableness" before they are enforced by injunctive relief. Sixty-seven landowners in the Vista Land Subdivision (Subdivision) filed a complaint for injunctive relief seeking...

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