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CITY OF LAS CRUCES v. RIO GRANDE GAS COMPANY

No. 8256.

431 P.2d 492 (1967)

78 N.M. 350

CITY OF LAS CRUCES, a Municipal Corporation, Plaintiff-Appellee and Cross-Appellant, v. RIO GRANDE GAS COMPANY, a New Mexico Corporation, Defendant-Appellant and Cross-Appellee.

Supreme Court of New Mexico.

August 28, 1967.

Attorney(s) appearing for the Case

W. A. Keleher, John B. Tittman, Albuquerque, for appellant.

George Richard Schmitt, Las Cruces, for appellee.

OPINION

WOOD, Judge, Court of Appeals.

The appeal raises two issues: (1) the authority of a municipality to provide natural gas service more than five miles outside the municipal boundary and (2) the right to injunctive relief. The cross-appeal raises one issue: the authority of the gas company to operate within territory annexed by the municipality. The issues on the appeal and cross-appeal are unrelated.

Facts pertinent to the appeal are: Las Cruces...

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