Prieskorn v. Maloof
New Mexico Court of Appeals
991 P.2d 511 (1999)
A 1935 deed conveying land from Maloof (defendant) to the City of Las Vegas barred any building from being used for immoral purposes or liquor sales, providing the deed would become void and revert to the grantor if the condition were broken; decades later, current owner Prieskorn (plaintiff) sued, arguing the reversionary clause was an unreasonable restraint on alienation because it had lowered the property's value in her attempted sales, even though no violation of the condition had ever occurred or been enforced.
Whether a condition restricting use of land contained in a deed granting either a fee simple determinable or a fee simple subject to a condition subsequent is an unreasonable restraint on alienation.