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STATE v. BURKS

No. 7550.

399 P.2d 920 (1965)

75 N.M. 19

STATE of New Mexico ex rel. BOARD OF COUNTY COMMISSIONERS OF GRANT COUNTY and State Highway Commission of New Mexico, Relators, v. The Honorable Garnett R. BURKS, of the District Court of the Sixth Judicial District of the State of New Mexico, Respondent.

Supreme Court of New Mexico.

March 1, 1965.

Attorney(s) appearing for the Case

Earl E. Hartley, Atty. Gen., Hadley Kelsey, Joseph L. Droege, Richard T. Whitley, Special Asst. Attys. Gen., Santa Fe, for relators.

E. Forrest Sanders, William W. Bivins, Las Cruces, for respondent.

NOBLE, Justice.

By an original proceeding in this court, the State Highway Commission seeks to prohibit Judge Burks from continuing with the trial of an inverse condemnation action brought against it by G.A. Jarrell.

Jarrell's action in inverse condemnation was brought under § 22-9-22, N.M.S.A. 1953, which reads:

"Any person, firm or corporation authorized by the Constitution or laws of this state to exercise the right of eminent domain who has...

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