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BEVERLY WOOD ASSOCIATES v. CITY OF ALBUQUERQUE

No. 8316.

431 P.2d 67 (1967)

78 N.M. 334

BEVERLY WOOD ASSOCIATES, a co-partnership, Plaintiff-Appellee, v. CITY OF ALBUQUERQUE, a municipal corporation, Defendant-Appellant.

Supreme Court of New Mexico.

August 28, 1967.

Attorney(s) appearing for the Case

Frank M. Mims, Frederick M. Mowrer, Albuquerque, for appellant.

Rodey, Dickason, Sloan, Akin & Robb, Mark K. Adams, Albuquerque, for appellee.

OPINION

COMPTON, Justice.

City of Albuquerque appeals from a declaratory judgment holding the proposed sale of Beverly Park to be null and void.

The facts are stipulated and we summarize them. The plaintiff is the owner of all the land in the Beverly Wood Addition of Albuquerque lying north of Interstate Highway 40 with the exception of Beverly Park of the addition as shown by the revised plat. The plat was duly filed and recorded in 1951 and, thereupon...

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