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PHILLIPS MERCANTILE CO v. CITY OF ALBUQUERQUE

No. 5889.

287 P.2d 77 (1955)

60 N.M. 1

PHILLIPS MERCANTILE COMPANY, a coparinership Compused of Phillip Friedman, Jenny Friedman, Irving Friedman, and Jerald Friedman, Plaintiffs-Appellees, v. CITY OF ALBUQUERQUE, a Municipal Corporation, Coca Cola Bottling Company, a Corporation, Carlos Soto and Tillie Soto, his wife, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied September 12, 1955.

Attorney(s) appearing for the Case

Frank L. Horan, Albuquerque, for City of Albuquerque.

Rodey, Dickason, Sloan, Mims & Akin, John D. Robb, John P. Eastham, Albuquerque, for Coca Cola Bottling Co. and the Sotos.

Rueckhaus & Watkins, Chester A. Hunker, Albuquerque, for appellees.

COMPTON, Chief Justice.

This case brings before us several questions having to do with the rights of one whose property lies at the end of a "dead-end" alley upon vacation of the alley by the municipality, as well as questions relating to the validity of the proceedings had. In addition, there is the question, relating alike to substance and procedure, whether the title to streets and alleys is vested in the municipality in absolute, unqualified fee simple (thus bringing...

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