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Property Law Keyed to Kurtz
Hill v. Community of Damien of Molokai
Citation:
121 N.M. 353 (1996), 911 P.2d 861Facts
In December 1992, the Community of Damien of Molokai leased a residence in Four Hills Village, Albuquerque, to use as a group home for four individuals with AIDS. The four unrelated residents required varying degrees of in-home nursing care. The Community provided oversight and administrative assistance, while the residents shared communal meals and supported each other socially, emotionally, and financially. The residents contracted with a private nursing service for health care workers who did not reside at the home. Shortly after the group home opened, neighbors noticed increased traffic on the street and believed the use violated a restrictive covenant applicable to all homes in that section of Four Hills Village, which stated that no lot shall be used for any purpose other than “single family residence purposes.” In August 1993, the neighbors filed for an injunction to enforce the covenant and prevent further use of the property as a group home.
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