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HELTMAN v. CATANACH

No. 28,613.

229 P.3d 1239 (2009)

2010-NMCA-016

Harriet HELTMAN, Plaintiff-Appellee, v. Albert F. CATANACH, Jr., Defendant-Appellant.

Court of Appeals of New Mexico.

August 27, 2009.

Attorney(s) appearing for the Case

Sawtell, Wirth & Biedscheid, P.C., Bryan P. Biedscheid, Santa Fe, NM, for Appellee.

Albert F. Catanach, Jr., Santa Fe, NM, Pro Se Appellant.

OPINION

VANZI, Judge.

{1} Defendant appeals from an order enjoining him from subdividing his property and building a single-family residence on the resulting lot. The district court's order was based on the terms of a restrictive covenant governing the use of the lots in Defendant's subdivision. Defendant raised two equitable defenses to the enforcement of the covenants, but the district court concluded that the evidence did not warrant nonenforcement...

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