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Animal Law Keyed to Wagman
Eldorado Improvement Association, Inc. v. Billings
Citation:
374 P.3d 737 (2016)Facts
The Billings owned property in the Eldorado community in Santa Fe County, New Mexico, where they kept chickens for personal use. The Eldorado Improvement Association (EIA) sought to enforce restrictive covenants against the Billings, claiming that keeping chickens constituted “animal husbandry,” which was prohibited under the covenants. The covenants specifically prohibited “commercial” and “business” activities, listing “animal husbandry” among several examples of such activities. The Billings argued that their keeping of chickens for personal use did not constitute animal husbandry within the meaning of the covenants, as they were not engaged in any commercial activity related to the chickens.
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