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STATE HIGHWAY COM'N v. RUIDOSO TELEPHONE CO.

No. 6426.

332 P.2d 1019 (1958)

65 N.M. 101

STATE HIGHWAY COMMISSION of New Mexico, and L.D. Wilson, Chief Highway Engineer, Plaintiffs-Appellants, v. The RUIDOSO TELEPHONE COMPANY (No Stockholders Liability), a New Mexico Corporation, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied December 30, 1958.

Attorney(s) appearing for the Case

Fred M. Standley, Atty. Gen., Robert F. Pyatt, Asst. Atty. Gen., John T. Watson Charles C. Spann, Robert E. Fox, Sp. Asst. Attys. Gen., Moise, Sutin & Jones, Albuquerque, for appellants.

Bigbee & Stephenson, Santa Fe, for appellee.

Nordhaus & Moses, Albuquerque, Hartley, Buzzard & Patton, Clovis, Frank L. Horan, Malcolm W. deVesty, Paul F. Henderson, Jr., Thomas N. Keltner, Albuquerque, amici curiae.

SHILLINGLAW, Justice.

This is a declaratory judgment action brought by the State Highway Commission of New Mexico and its Chief Highway Engineer against the Ruidoso Telephone Company to determine the constitutionality of Chapter 237 of the Laws of 1957, § 55-7-18, N.M.S.A. 1953, and the obligation of the State Highway Commission, if any, to reimburse the defendant for the cost of relocating its utility lines required because of the widening and improving of a...

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