Court upholds covenants for Thornburg campus

Ruling doesn't give neighbors right to enforce restrictions

Bob Quick | The New Mexican

2/12/2008 - 2/12/08

A state Court of Appeals ruling involving neighbors of north-side land where Thornburg Cos. is building a new office campus has partially resolved a complicated legal fight.

The ruling, which was filed Feb. 6, upheld a decision by state District Judge Tim Garcia that four restrictive covenants should be created for the 14-acre commercial property at Santa Fe Estates.

Those covenants cover the height of buildings, limitations on the style of architecture and lighting requirements of the commercial development.

But the Court of Appeals' ruling did not deal with the issue, raised in Garcia's court, of whether or not Concerned Residents of Santa Fe North had any rights to enforce restrictive covenants established for the property.

That matter is being decided in a separate lawsuit in which District Judge Jim Hall ruled that Concerned Residents of Santa Fe North did not have the right to enforce the covenants. Hall's ruling is under review by the state Court of Appeals.

In a reference to Garcia's decision, the court's ruling said: "This was a complicated property development case. ... The parties created the complexity and ambiguity, and the district court engaged the issues with deliberation, giving the parties full opportunity to present the evidence and argue their positions."

Attorneys for the different parties involved in the lawsuit said the ruling has no effect on commercial development at Santa Fe Estates.

Ron Van Amberg, attorney for Concerned Residents of Santa Fe North, said the Court of Appeals ruling "doesn't change anything. It just affirms what Judge Garcia already ruled before."

The Court of Appeals decision "does not in any way affect the construction of the Thornburg campus," said Thornburg's attorney, Frank Herdman.

Lew Pollock, president of Concerned Citizens of Santa Fe North, said he had no comment on the ruling.

Concerned Residents of Santa Fe North opposes the 102,000-square-foot Thornburg campus, saying it exceeds restrictions the organization negotiated in 1996 for Santa Fe Estates' 14-acre commercial zone.

But the City Council approved the Thornburg development and authorized the issuance of industrial revenue bonds to build it. The city's approval was challenged all the way to the state Supreme Court, but the court declined to consider the appeal.

Thornburg broke ground for its new campus Sept. 7.

Contact Bob Quick at 986-3011 or bobquick@sfnewmexican.com.