Knight v. City of Albuquerque
Citation | 794 P.2d 739,1990 NMCA 67,110 N.M. 265 |
Decision Date | 14 June 1990 |
Docket Number | No. 12141,12141 |
Parties | James E. KNIGHT and Oleta Knight, his wife, et al., Petitioners-Appellees, v. The CITY OF ALBUQUERQUE, Double Eagle Country Club, et al., Respondents-Appellees, Concept Development Group, Inc., Intervenor-Appellant. |
Court | Court of Appeals of New Mexico |
Plaintiffs are owners of real property situated in a subdivision named Paradise Hills Country Club Estates. They filed suit against a number of defendants in an attempt to prevent development of any property denominated, on the subdivision plats, as part of the golf course. The trial court granted summary judgment to plaintiffs and issued a declaratory judgment delineating the boundaries of the golf course and limiting the use of that property to use as a golf course, as a park, or for similar open space purposes. Intervenor Concept Development Group, Inc. (Concept) filed an appeal from the judgment.
The relevant undisputed facts are as follows: (1) the original developers of Paradise Hills used the golf course as a selling tool and in the plat of the subdivision denominated the territory it would occupy; and (2) plaintiffs relied on the continued existence of the golf course in purchasing their properties from the developer. Under New Mexico law, these facts give rise to a private right of action on the part of the property owners to prevent the golf course from being utilized for other purposes. See Ute Park Summer Homes Ass'n v. Maxwell Land Grant Co., 77 N.M. 730, 427 P.2d 249 (1967); Cree Meadows, Inc. v. Palmer, 68 N.M. 479, 362 P.2d 1007 (1961). The foregoing cases establish that a developer will not be allowed to induce purchasers to buy property by purporting to include open space such as parks or golf courses in a subdivision plat, only to subsequently change the uses of those open space areas.
Concept argues this case is distinguishable from Ute Park and Cree Meadows because in this case the developer specifically reserved the right to build hotels, cottages, or other facilities on any tract shown on the Paradise Hills Country Club Estates plat without the permission of the owners of any lot located within the...
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