MOSES v. SKANDERA

No. S-1-SC-34,974.

CATHY MOSES and PAUL F. WEINBAUM, Plaintiffs-Petitioners, v. HANNA SKANDERA, Designate Secretary of Education, New Mexico Public Education Department, Defendant-Respondent, and ALBUQUERQUE ACADEMY, et al., Defendants/Intervenors-Respondents.

Supreme Court of New Mexico.

Filed November 12, 2015.


Attorney(s) appearing for the Case

Graeser & McQueen, LLC, Christopher L. Graeser , Santa Fe, NM, Frank Susman , Santa Fe, NM, for Petitioners.

New Mexico Public Education Department, Albert V. Gonzales , Deputy General Counsel, Santa Fe, NM, Sutin, Thayer & Browne, P.C., Susan M. Hapka , Albuquerque, NM, for Respondent.

Modrall, Sperling, Roehl, Harris & Sisk, P.A., R.E. Thompson , Emil J. Kiehne , Jennifer G. Anderson , Sarah M. Stevenson , Albuquerque, NM, Becket Fund for Religious Liberty, Eric S. Baxter , Washington, DC, for Intervenors-Respondents.


OPINION

{1} Since the adoption of the New Mexico Constitution on January 21, 1911, New Mexico has had a constitutional responsibility to provide a free public education for all children of school age. N.M. Const. art. XII, § 1. However, "no part of the proceeds arising from the sale or disposal...

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