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DUNNING v. BUENDING

No. 28,836.

247 P.3d 1145 (2010)

2011-NMCA-010

Robert DUNNING, Michelle Dunning, Don Marvel, Barbara Hau, Richard Goldman, Usun Goldman, Larry Wall, Betsy Wall, John Kern, Louise Kern, John Cullinan and The Jeanne C. Compton Trust, Plaintiffs-Appellants, v. Nancy BUENDING and Penobscot Development Co., a New Mexico corporation, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied, January 3, 2011, No. 32,718.

Attorney(s) appearing for the Case

Natelson Law Firm, Jacob D. Caldwell , Taos, NM, for Appellants.

Carol A. Neelley, P.C., Carol A. Neelley , Taos, NM, for Appellee.

OPINION

FRY, Chief Judge.

{1} Plaintiffs, the owners of nine lots in the Eastern Nighthawk Trail area of a subdivision near Taos, New Mexico, appeal the district court's entry of summary judgment in favor of Defendant Nancy Buending, the owner of one lot in the same area. Plaintiffs filed suit against Defendant for declaratory judgment, seeking enforcement of a restriction allegedly prohibiting Defendant from subdividing her property. Defendant...

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