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AGUA FRIA SAVE THE OPEN SPACE ASS'N v. ROWE

No. 29,402.

255 P.3d 390 (2011)

2011-NMCA-054

AGUA FRIA SAVE THE OPEN SPACE ASSOCIATION, an unincorporated association, Plaintiff-Appellant, v. James C. ROWE, Defendant-Appellee.

Court of Appeals of New Mexico.

April 8, 2011.

Attorney(s) appearing for the Case

Alex Chisholm , Albuquerque, NM, for Appellant.

Adam D. Rafkin, P.C., Adam D. Rafkin , Ruidoso, NM, for Appellee.

OPINION

VIGIL, Judge.

{1} Agua Fria Save the Open Space Association (Plaintiff) filed an action for injunctive relief seeking to prevent James Rowe (Defendant) from developing residential townhomes in an area of open space known as the Country Club Tract. The district court granted partial summary judgment in favor of Defendant, concluding that Defendant successfully had extinguished the restrictive covenants on the property. Plaintiff appeals...

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