Appel v. Presley Cos.
New Mexico Supreme Court
806 P.2d 1054 (N.M.1991)
Relevant factsFree
Presley (defendant), the subdivision developer, amended restrictive covenants to exempt certain lots and then sold one exempted lot to a buyer planning townhouses that the original covenants would have barred; homeowners the Appels (plaintiffs) sued to enjoin the townhouse construction, and the trial court granted Presley summary judgment.
IssueFree
Whether a court may void an exception in a restrictive covenant if the exception is found to be unreasonably exercised.