STATE v. TOWN OF GRANTS

No. 6306.

348 P.2d 274 (1960)

66 N.M. 355

STATE of New Mexico ex rel. STATE HIGHWAY COMMISSION of New Mexico, Plaintiff-Appellant, v. TOWN OF GRANTS, New Mexico, Defendant-Appellee.

Supreme Court of New Mexico.

January 7, 1960.


Attorney(s) appearing for the Case

Fred M. Standley, Atty. Gen., John T. Watson, Snyder H. Downs, Sp. Asst. Attys. Gen., for appellant.

Chavez & Cowper, Belen, for appellee.


CARMODY, Justice.

This is an appeal from an order of dismissal sustaining a motion to dismiss upon the ground that the complaint failed to state a cause of action upon which relief could be granted.

Plaintiff Highway Commission filed a complaint which alleged that U.S. Highway 66 runs through the Town of Grants and that such highway was in existence prior to the incorporation of the town and prior to the time certain water and sewer pipes and facilities were...

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