JOHN P. HAYS - Appellate Decisions

Redman-Tafoya v. Armijo, 2006 NMCA-011; 138 N.M. 836; 126 P.2d 1200 (NM Ct. App. 2006). Reversed the disinheritance of the plaintiff under a “no contest” clause in the decedent’s will, and set new guidelines for the construction and application of such no-contest clauses.

Allen v. Timberlake Ranch Landowners’ Association, 2005-NMCA-115; 138 N.M. 318; 119 P.3d 343 (NM Ct. App. 2005). Upheld the right of the homeowners’ association to impose and collect assessments for maintenance of the common areas of the subdivision, and the homeowners’ obligation to pay those assessments.

Aragon v. Brown, 2003-NMCA-126; 134 N.M. 459; 78 P.3d 913 (NM Ct. App. 2003). Upheld the right of certain property owners to require removal of a manufactured home which clearly violated the unambiguous restrictive covenants of the subdivision.

State Ex. Rel. State Engineer v. Lewis, 121 N.M. 323; 910 P.2d. 957 (NM Ct. App. 1995). Upheld a property owner’s statutory right to maintain certain ponds for stock watering and recreational purposes without the need for a permit from the New Mexico State Engineer.


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