STATE EX REL. STATE HIGHWAY DEPARTMENT v. BRUSKAS

No. 9733.

515 P.2d 559 (1973)

85 N.M. 634

STATE of New Mexico ex rel. STATE HIGHWAY DEPARTMENT of New Mexico, Plaintiff, v. Gus D. BRUSKAS, Defendant-Appellant and Cross-Appellee, and Safeway Stores, Inc., Defendant-Appellee and Cross-Appellant.

Supreme Court of New Mexico.

October 26, 1973.


Attorney(s) appearing for the Case

Rueckhaus & Rueckhaus, Albuquerque, for appellant.

Keleher & McLeod, Charles A. Pharris, Albuquerque, for appellee.


OPINION

MONTOYA, Justice.

This was an eminent domain proceeding initiated by the State of New Mexico through its State Highway Department under the Special Alternative Procedure [§§ 22-9-39 to 22-9-59, N.M.S.A., 1953 Comp. (1973 Pocket Supp.)]. Of the defendants only appellant-cross-appellee Gus D. Bruskas (Bruskas) and appellee-cross-appellant Safeway Stores, Inc. (Safeway) made appearances, and they are the only parties before this court appealing...

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