LAWTON v. SCHWARTZ

No. 32,053.

308 P.3d 1033 (2013)

2013-NMCA-086

Mary LAWTON, Plaintiff-Appellant, v. Richard SCHWARTZ, Jane Schwartz, James Johnstone, Barbara Johnstone, Allan Raff, Harriet M. Raff, Errol Levine and Jill Meyers, Defendants-Appellees.

Court of Appeals of New Mexico.

June 17, 2013.


Attorney(s) appearing for the Case

Rubin Katz Ahern Herdman & MacGillivray, P.A., Frank T. Herdman , Jenny F. Kaufman , Santa Fe, NM, for Appellant.

Long, Pound & Komer, P.A., Nancy R. Long , Justin W. Miller , Santa Fe, NM, Hinkle Hensley Shanor & Martin, Thomas M. Hnasko , Dulcinea Z. Hanuschak , Santa Fe, NM, Todd M. Lopez , Santa Fe, NM, for Appellees.


OPINION

FRY, Judge.

{1} Plaintiff Mary Lawton appeals the district court's order granting Defendants' motion for summary judgment and dismissing her claims for injunctive relief. Plaintiff filed suit attempting to enforce a provision of the Estancia Primera subdivision's (Subdivision) restrictive covenants (CCRs) that prohibited trees maintained within the Subdivision from interfering with homeowners' views. Plaintiff primarily raises two issues...

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