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LEIGH v. VILLAGE OF LOS LUNAS

Nos. 23,674, 23,731.

108 P.3d 525 (2004)

137 N.M. 119

2005-NMCA-025

Mondy LEIGH and Sylvia Leigh, Plaintiffs-Appellees, v. VILLAGE OF LOS LUNAS, Defendant-Appellant.

Court of Appeals of New Mexico.

August 11, 2004.

Attorney(s) appearing for the Case

Nicholas R. Gentry, Law Offices of Nicholas R. Gentry, L.L.C., J. Brent Ricks, Albuquerque, for Appellees.

Stephen S. Hamilton, Montgomery and Andrews, P.A., Santa Fe, Laurence P. Guggino, Jr., Los Lunas, for Appellant.

OPINION

CASTILLO, Judge.

{1} In this case, we are asked to decide if restrictive covenants are considered property for purposes of eminent domain. Specifically, the question before this Court is whether Defendant Village of Los Lunas (Village) must compensate Plaintiffs Mondy Leigh and Sylvia Leigh (Leighs), owners of Tract 2 in a subdivision, based on the Village's construction of a drainage pond on Tract 1 in violation of the restrictive covenants...

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