STATE v. LAVENDER

No. 6780.

365 P.2d 652 (1961)

69 N.M. 220

STATE of New Mexico, ex rel. CITY OF ALBUQUERQUE, Relator, v. George LAVENDER, Chairman, John F. Sudderth, Vice Chairman, J. R. Kastler, Secretary, Frank Tatsch, H. E. Leonard, Members of the State Highway Commission of the State of New Mexico; State Highway Commission of New Mexico; and D. B. Dixon, Chief Highway Engineer of State Highway Commission of New Mexico, Respondents.

Supreme Court of New Mexico.

Rehearing Denied November 3, 1961.


Attorney(s) appearing for the Case

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

Fred M. Standley, Hadley Kelsey, Joseph L. Droege, John C. Worden, Sp. Asst. Attys. Gen., Thomas O. Olson, First Asst. Atty. Gen., for respondents.

John E. Hall, Albuquerque, amicus curiae.


CARMODY, Justice.

This is an original proceeding in mandamus, in which the city of Albuquerque seeks to require the state highway commission to reimburse it for relocations of water and sewer lines, made necessary by reason of the construction of federal-aid highways on the interstate and primary system.

The parties will be referred to hereafter as the "city" and the "commission," respectively.

In 1957, the New Mexico legislature enacted Chapter 237...

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