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BOWDICH v. CITY OF ALBUQUERQUE

No. 7729.

416 P.2d 523 (1966)

76 N.M. 511

William Earl BOWDICH et al., Plaintiffs-Appellees, v. The CITY OF ALBUQUERQUE, A Municipal Corporation, Defendant-Appellant.

Supreme Court of New Mexico.

July 5, 1966.

Attorney(s) appearing for the Case

Frank Horan, Botts, Botts & Mauney, Gerald R. Cole, Albuquerque, for appellant.

Pete V. Domenici, C. LeRoy Hansen, Albuquerque, for appellees.

OPINION

CHAVEZ, Justice.

This is an appeal from a judgment of the district court which decreed that the assessment roll adopted by defendant-city on March 26, 1963, was void and invalid.

In the spring of 1962, the voters of Albuquerque approved the issuance of storm sewer bonds. The construction of the sewer project required that substantial portions of Third Street be torn up in order to install a storm sewer. The city commission considered the...

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