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Hill v. Community of Damien of Molokai
Citation:
911 P.2d 861 (N.M. 1996)Facts
The Community of Damien of Molokai leased a residence in Four Hills Village, Albuquerque, to provide housing for four unrelated individuals with AIDS who required in-home nursing care. The residents shared communal meals, supported each other socially, emotionally, and financially, and received spiritual guidance together. They contracted with a private nursing service for healthcare workers who did not reside at the home. The Community’s role was to provide oversight and administrative assistance, organizing healthcare workers’ schedules and ensuring proper care. Neighboring homeowners noticed increased traffic on their street and believed the group home violated a restrictive covenant that limited property use to “single family residence purposes” and prohibited uses such as apartment houses, rooming houses, and hospitals.
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