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SMART v. CARPENTER

No. 25,667.

134 P.3d 811 (2006)

139 N.M. 524

2005-NMCA-056

Gordon SMART and Sylvia Smart, husband and wife, and Sam Tyra and Lidia Tyra, husband and wife, Plaintiffs-Appellants, v. Jimmy CARPENTER, Defendant-Appellee.

Court of Appeals of New Mexico.

March 30, 2006.

Attorney(s) appearing for the Case

Richard A. Hawthorne, P.A., Richard A. Hawthorne, Ruidoso, NM, for Appellants.

H. John Underwood, Ltd., Zach Cook, Ruidoso, NM, for Appellee.

OPINION

CASTILLO, Judge.

{1} This is an appeal of the trial court's dismissal of a complaint seeking enforcement of restrictive covenants governing a residential subdivision. We hold that the trial court erred in concluding that the actions of Appellee, Jimmy Carpenter (Carpenter), did not violate the covenants, and we therefore reverse the dismissal.

I. BACKGROUND

{2} Appellants are the owners of real property in River's Edge Subdivision...

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