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HEDGES v. CITY COMMISSION OF CITY OF ALBUQUERQUE

No. 6175.

311 P.2d 649 (1957)

62 N.M. 421

J.W. HEDGES and Lola Hedges, Plaintiffs-Appellants, v. The CITY COMMISSION OF THE CITY OF ALBUQUERQUE, New Mexico, a municipal Corporation, Defendants-Appellees.

Supreme Court of New Mexico.

May 17, 1957.

Attorney(s) appearing for the Case

Nordhaus & Moses, Albuquerque, for appellants.

Frank Horan, City Atty., Simms, Modrall, Seymour, Sperling & Roehl, Albuquerque, by Vance Mauney, Albuquerque, for appellees.

COMPTON, Justice.

Appellants, abutting landowners in Street Improvement District 90, seek to permanently enjoin the City Commission of Albuquerque from levying a special assessment on their property to defray a part of the paving cost in the district.

On February 8, 1955, the City Commission of Albuquerque adopted Resolution Number 1 designating a portion of Central Avenue West as proposed Street Improvement District 90. The Resolution directed that the cost...

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