New Mexico Inverse Condemnation Law
 

STATE OF NEW MEXICO v. JULIAN SELPH

Farmington, NM - Criminal defense lawyer represented defendant JULIAN SELPH charged with one count of criminal sexual contact of a minor (CSCM) under thirteen; twelve counts of criminal sexual penetration (CSP) of a child under thirteen; seven counts of criminal sexual contact of a minor (Person in Position of Authority (PPA)); and one count of bribery or intimidation of a ... More...    $0 (10-14-2020 - NM)

CITY OF ALBUQUERQUE A municipal corporation v. SMP PROPERTIES, LLC. and R. MICHAEL PACK







{2} We refer to the property in question as the Hawkins Property, which is 1

owned by SMP Properties, LLC (SMP) and Michael Pack, the owner and manager 2

of SMP (collectively, Defendants). The undisputed facts are as fol... More...
   $0 (10-01-2018 - NM)

Badilla v. Wal-Mart Stores East Inc.

Plaintiff, a tree trimmer, purchased a pair of Brahma brand men’s work boots
3 from Wal-Mart on October 19, 2003. The boots’ packaging described the boots as
4 “iron tough,” “rugged leather . . . men’s work boots.” The label also stated that the
5 boots “me[t] or exceed[ed] ASTM F2413-05 standards,” which “outlin[e] what
6 footwear employers must ensure employees use under the Occ... More...
   $0 (10-07-2015 - NM)

Badilla v. Wal-Mart Stores East Inc.

Kenneth Badilla (Plaintiff) bought a pair of work boots at Wal-Mart. He claims
8 the soles of the boots came unglued, causing him to trip and injure his back. More
9 than three years later, on September 20, 2007, he sued Wal-Mart and its store
10 manager (Defendants) for breach of express and implied warranties. In his complaint
11 Plaintiff seeks damages for personal injuries he ... More...
   $0 (09-16-2015 - NM)

Badilla v. Wal-Mart Stores East Inc.

Kenneth Badilla (Plaintiff) bought a pair of work boots at Wal-Mart. He claims
8 the soles of the boots came unglued, causing him to trip and injure his back. More
9 than three years later, on September 20, 2007, he sued Wal-Mart and its store
10 manager (Defendants) for breach of express and implied warranties. In his complaint
11 Plaintiff seeks damages for personal injuries he ... More...
   $0 (09-16-2015 - NM)

United States of America v. Rick Reese, Terrie Reese and Ryin Reese

Rick Reese owned a federally licensed firearms store in southern New Mexico and ran it with his wife, Terri, and two sons, Ryin and Remington. In August 2012, a jury convicted Rick, Terri, and Ryin under 18 U.S.C. §§ 2 and 924(a)(1)(A) for aiding and abetting straw purchases of firearms from the store. Unbeknownst to them, however, at the time of trial the FBI was investigating one of the govern... More...    $0 (03-19-2014 - NM)

Roy D. Mercer, LLC v. Honorable Matthew G. Reynolds

{1} In the practice of law, there is no higher duty than one’s loyalty to a client. This duty applies to current and former clients alike. In this case, we are called upon to interpret this duty in light of Rule 16-110(C) NMRA of the Rules of Professional Conduct regarding the imputation of conflicts of interest to law firms. In interpreting and applying the rule to this case, we hold that when ... More...    $0 (12-06-2012 - NM)

City of Rio Rancho v. SMREP Southwest, Inc.

{1} In 1985, at the behest of the City of Rio Rancho, Amrep Southwest Inc. recorded a plat for the Vista Hills West Unit 1 (VHWU1) subdivision, granting the City a drainage easement over ten acres identified as Parcel F. In 2004, Amrep sold Parcel F to the Mares group in fee simple, subject to the drainage easement. Mares in turn sold it to Cloudview Estates in fee simple, subject to the same reco... More...    $0 (08-22-2011 - NM)

Rio Grande Kennel Club, et al. v. City of Albuquerque

{1} The Rio Grande Kennel Club and a number of individual dog owners, kennel owners, and veterinarians (collectively, Plaintiffs) filed a complaint in the district court seeking declaratory judgment and injunctive relief against the City of Albuquerque (the City) regarding the City’s Humane and Ethical Animal Regulations and Treatment ordinance (HEART). HEART regulates the ownership and car... More...    $0 (06-02-2008 - NM)

Board of Education, Moriarty Municipal School District v. Thunder Mountain Water Company

{1} Petitioner Board of Education, Moriarty Municipal School District (School District) appeals from an opinion of the Court of Appeals, which affirmed the district court's decision that the School District must pay Respondent Thunder Mountain Water Company (Thunder Mountain) the fair market value of its property in a condemnation action and that deducting the amount of a "contribution i... More...    $0 (06-01-2007 - NM)

Walter H. Henderson, Jr. and Bertha L. Henderson v. City of Tucumcari

{1} In this appeal, we address NMSA 1978, § 3-18-5 (1977), which allows municipalities to deal with ruins, rubbish, wreckage or debris, by requiring the owner to clean up the property. Under the statute, if the owner fails to ameliorate any problem, the municipality may do so and obtain a lien against the property. See § 3-18-5(F)(3). The City of Tucumcari was not satisfied with Plaintif... More...    $0 (06-06-2005 - NM)

MARCEL WISZNIA, individually and as Executor of the Estate of Walter Wisznia, d/b/a WISZNIA ASSOCIATES, v. CITY OF ALBUQUERQUE

Plaintiff Marcel Wisznia appeals from the district court's grant of summary judgment in favor of defendant, the City of Albuquerque, on res judicata grounds. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and reverse and remand for further proceedings.

I.

In late 1998 or early 1999, the New Mexico Department of Corrections (DOC) sought bids for the construction and lease of a ... More...    $0 (06-20-2005 - NM)

Santa Fe Utility Authority v. AMREP Corporation d/b/a El Dorado

Condemnation of AMREP Corporation water company in Santa Fe, New Mexico. The condemning authority sought to obtain the defendant's right, title and interest in its water utility company by eminent domain for $6.2 million.... More...    $11000000 (09-23-2004 - NM)

NICHOLAS J. BERLANGIERI and CAROL BERLANGIERI v. RUNNING ELK CORPORATION and SECOND RUNNING ELK CORPORATION, d/b/a THE LODGE AT CHAMA

{1}Petitioners Running Elk Corp. and Second Running Elk Corp. (Running Elk) petitioned this Court to review an opinion of the Court of Appeals, which held that a liability release signed by Respondent Nicholas Berlangieri was unenforceable. See Berlangieri v. Running Elk Corp., 2002-NMCA-060, 22, 132 N.M. 332, 48 P.3d 70, cert. granted, No. 27,492 (2002). The Court of Appeals reversed an order of... More...    $0 (08-28-2003 - NM)

Tri-State Generation Tranmission Association, Inc. v. Sharon Ann King, et al.

Appellant Tri-State Generation and Transmission Association, Inc. (Tri-State) sought court orders allowing it to enter and survey land owned by Appellees. Tri-State plans to condemn the land, if suitable, in order to build a new electrical transmission line. The district court concluded that the New Mexico Public Regulatory Commission (PRC) has exclusive jurisdiction over Tri-State and therefore d... More...    $0 (10-10-2003 - NM)

Sportsplex, Inc. v. Bernalillo County

Inverse condemnation - taking without just compensation. Albuquerque's Spotsplex sought compensation for damages sustained by it as a result of the county filing a criminal complaint against it and passing a new light pollution ordinance requiring the ball field to chop its lights from 50 feet down to 16 feet. As a result, a pending sale of the property to Sandia Pueblo was killed. The property ... More...    $4200000 (04-12-2002 - NM)

Rick Homans v. City of Albuquerque, et al.

Plaintiff-Appellant Rick Homans has filed an emergency motion for an injunction pending appeal, Fed. R. App. P. 8; 10th Cir. R. 8.1 & 8.2, and an alternative motion for suspension of the appellate rules and expedited review of the district court's denial of his application for a preliminary injunction, Fed. R. App. P. 2, 10th Cir. R. 2 We find that the emergency motion for an injunction pending ap... More...    $0 (09-07-2001 - NM)

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