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APPEL v. PRESLEY COMPANIES

No. 18798.

806 P.2d 1054 (1991)

111 N.M. 464

Daniel B. APPEL and Patricia E. Appel, Plaintiffs-Appellants, v. The PRESLEY COMPANIES, a foreign corporation, a/k/a The Presley Company of New Mexico, a New Mexico corporation, Wolfe Company, Inc., Charles E. Cook, C.W. Reynolds and Thomas N. Burlison, Defendants-Appellees.

Supreme Court of New Mexico.

March 8, 1991.

Attorney(s) appearing for the Case

Cynthia A. Fry, M. Terrence Revo, Albuquerque for plaintiffs-appellants.

Pongetti, Myers & Wilson, John A. Myers, Kevin J. McCready, Moses, Dunn, Beckley, Espinosa & Tuthill, Leonard G. Espinosa, Albuquerque, for defendants-appellees.

OPINION

FRANCHINI, Justice.

Plaintiffs Daniel and Patricia Appel appeal from an order granting summary judgment to defendants The Presley Company of New Mexico (Presley) and Wolfe Company, Inc. (Wolfe). The Appels are homeowners in the Vista Del Sandia subdivision in Albuquerque, which is owned by Presley. Wolfe is a developer and the owner of a tract in the subdivision on which it intends to build four townhouses. In their complaint, the Appels asserted...

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