Representative Matters: Henry M. Bohnhoff

We represented the developers of a business park in a southern New Mexico city. A party that purchased a parcel of land in the park challenged the park’s zoning and development restrictions in municipal agency and later federal court proceedings; the party subsequently sued our clients for tortious interference with contract. We succeeded in upholding the park’s development restrictions against all of the challenges, and obtained dismissal of the tort claim. Thereafter, we prevailed in a non-jury trial to enforce covenants requiring the purchaser to begin construction on the land within two years after purchase, and the client repurchased the parcel.

We represented a large landowner that is developing a luxury residential subdivision in a bedroom community outside of Albuquerque. We successfully defended a number of NIMBY (“not in my backyard”) challenges by local opponents, including challenges to the developer’s title and access rights.

We represented an electrical subcontractor. After the majority shareholder terminated one of the closely held corporation’s minority shareholders/employees, the latter sued on wrongful termination and shareholder oppression theories. We successfully enforced a provision in the shareholders’ agreement that required arbitration of the claims, and then subsequently negotiated a favorable settlement.

We represented a water utility in litigation brought by developers of land within the utility’s service territory. The developers claimed that they could not obtain government approval for their proposed subdivisions as a result of the utility’s allegedly inadequate water supply, and they sought damages for the profits they claimed they could have earned if they had built out the subdivisions. The case was tried to a jury for three weeks in mid-2007, but following key legal rulings the case was settled on terms favorable to the client.