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STATE v. CITY OF ALBUQUERQUE

No. 6626.

355 P.2d 925 (1960)

67 N.M. 383

STATE of New Mexico ex rel. STATE HIGHWAY COMMISSION of New Mexico, Plaintiff-Appellant, v. CITY OF ALBUQUERQUE, a municipal corporation, Defendant-Appellee.

Supreme Court of New Mexico.

October 6, 1960.

Attorney(s) appearing for the Case

Donald B. Moses, Albuquerque, Charles S. Solomon, Santa Fe, for appellant.

Frank Horan, Malcolm W. deVesty, James L. Parmelee, Jr., Stanley P. Zuris, Albuquerque, for appellee.

CHAVEZ, Justice.

Suit was filed by the State of New Mexico, ex rel. State Highway Commission, appellant herein, against appellee, the City of Albuquerque, praying for a declaratory judgment. Appellant asserts the right to the occupation and use of the lands hereinafter described, for a controlled access highway, without the payment of compensation to appellee. The land involved is Block 13 of the Terrace Addition to the city of Albuquerque, commonly known as Highland...

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