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SABATINI v. ROYBAL

No. 29,804.

261 P.3d 1110 (2011)

2011-NMCA-086

Frank SABATINI, Plaintiff-Appellee/Cross-Appellant, v. Cervantes ROYBAL and Irene Roybal, Defendants-Appellants/Cross-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied, July 28, 2011, No. 33,089.

Attorney(s) appearing for the Case

Cassutt, Hays & Friedman, P.A., John P. Hays , Santa Fe, NM, for Appellee.

Sommer, Udall, Sutin, Hardwick, & Hyatt, PA, Kurt A. Sommer , Jack N. Hardwick , Candice Lee , Santa Fe, NM, William H. Lazar , Tesuque, NM, for Appellants.

OPINION

BUSTAMANTE, Judge.

{1} Appellants Cervantes and Irene Roybal (Roybals) appeal the district court's grant of an injunction requiring them to reduce in size or eliminate a garage located on their property. Appellee Sabatini cross appeals, claiming that the maximum size permitted by the court's order is still too large. At issue in this case is whether the district court erred in construing a restrictive covenant allowing a "private garage...

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