(DOWNLOAD) "Lorentzen v. Smith" by New Mexico Court of Appeals * eBook PDF Kindle ePub Free

eBook details
- Title: Lorentzen v. Smith
- Author : New Mexico Court of Appeals
- Release Date : January 28, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
1 This appeal affords us another opportunity to address the New Mexico Subdivision Act (the Subdivision Act), NMSA 1978, 47-6-1 through -29 (1973, as amended through 1995), in light of our recent opinion in State ex rel. Udall v. Cresswell, 1998-NMCA-072,125 N.M. 276, 960 P.2d 818, and particularly the concept of merger as a means to identify subterfuges that are designed to circumvent the Subdivision Act. In that context, we also discuss whether a contractual right of first refusal at fair market value constitutes an unlawful restraint on alienation of property. Holding that the right of first refusal is enforceable in this case and that the doctrine of merger under the Subdivision Act is not a bar to enforcement, we affirm in part, reverse in part, and remand for further proceedings.