Hill v. Community of Damien of Molokai
Supreme Court of New Mexico
911 P.2d 861 (1996)
Relevant factsFree
The Community of Damien of Molokai (defendant) operated a non-commercial group home in Albuquerque for four AIDS patients, cared for by nursing staff who did not live on-site, on land subject to a restrictive covenant limiting use to "single family purposes" without defining "family." Neighboring property owner Hill (plaintiff) and others sought an injunction to enforce the covenant against the group home; the district court agreed the group home violated the covenant, and the Community sought review by the New Mexico Supreme Court.
IssueFree
Whether an ambiguous term in a restrictive covenant should be interpreted broadly to encourage the free use of land.