ALLOCCA v. DEPT. OF ENERGY MINERALS

No. 14799.

884 P.2d 824 (1994)

118 N.M. 668

Joseph ALLOCCA, Individually and as Father and Next Friend of Nicholas J. Allocca, Plaintiff-Appellant, v. NEW MEXICO DEPARTMENT OF ENERGY MINERALS AND NATURAL RESOURCES; Parks and Recreations Division of the Department of Energy Minerals and Natural Resources; and the New Mexico State Game Commission, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied November 3, 1994.


Attorney(s) appearing for the Case

M. Monica Zamora, Albuquerque, D. Diego Zamora, Zamora Law Firm, P.A., Santa Fe, for plaintiff-appellant.

Faith L. Kalman, Robert D. Castille, Simons, Cuddy & Friedman, Santa Fe, for defendants-appellees.


OPINION

ALARID, Judge.

This appeal concerns sovereign immunity over claims for damages against various state governmental entities arising out of the operation or maintenance of public works used for the diversion or storage of water. Because Defendants established on the record that Conchas Lake is a work used for the diversion or storage of water, the controlling question concerns whether there are genuine issues of material fact relative to Plaintiff...

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