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NM Court of Appeals Schedules January 28, 10:00 AM Hearing

January 5, 2016 - Jen Laws

New Mexico Court of Appeals

The New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Thursday, January 28, 2016. The oral argument is open to the public and begins at 10:00 A.M.

A three-judge panel will preside: Judge Jonathan B. Sutin (’63), Judge Linda M. Vanzi (’95), and Judge J. Miles Hanisee

Following are the details of the case:

ELDORADO COMMUNITY IMPROVEMENT ASSOCIATION, INC., Plaintiff-Appellee, represented by John P. Hays

vs.

SUSAN BILLINGS, DAVID BORTON, DEVRA BORTON, GREG COLELLO, ROSE WINSTON, GERSHON N. SIEGEL, and ERIC WILSON, Defendants-Appellants, represented by Ronald J. Vanamberg

Defendants-Appellants are residents of the Eldorado at Santa Fe subdivision. They maintained hens as pets. The Appellee, Eldorado Community Improvement Association, concluded that the Eldorado covenants did not permit chickens as pets and sued to have the chickens removed. Appellants contended that the covenants permitted chickens as pets. Both sides filed motions for summary judgment addressing the merits of the complaint. The district court entered a decision and judgment in favor of the Appellee, determining that chickens have not been, and are not currently considered to be, “recognized household pets” by the Association. Appellants request review of district court’s granting of the Appellee’s Motion for Summary Judgment.

For more information, contact Nora Gonzales at 505-841-4618.