STATE v. MAUNEY

No. 7639.

411 P.2d 1009 (1966)

76 N.M. 36

STATE of New Mexico ex rel. State Highway Commission of New Mexico, Petitioner-Appellant, v. Vance MAUNEY, Helen S. Mauney, Willis A. Smith, Jr., Jane B. Smith and Ralph P. Wolf, Defendants-Appellees.

Supreme Court of New Mexico.

March 7, 1966.


Attorney(s) appearing for the Case

Earl E. Hartley, Atty. Gen., Hadley Kelsey, Joseph L. Droege, John C. Worden, Neil C. Stillinger, Richard T. Whitley, Sp. Asst. Attys. Gen., Santa Fe, for appellant.

Botts, Botts & Mauney, Gerald R. Cole, Jethro S. Vaught, Jr., Albuquerque, for appellees.


CHAVEZ, Justice.

This is an action for a declaratory judgment filed by the State Highway Commission of New Mexico, which alleged that their actions concerning the defendants' property were a proper exercise of the police power of the state and that no compensable taking of defendants' access to State Road 422 resulted from those actions. The trial court rendered judgment for the defendants and the petitioner appeals.

The petitioner-appellant will be referred...

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