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EDDIE'S INFERNO, INC. v. CITY OF ALBUQUERQUE

No. 8624.

445 P.2d 389 (1968)

79 N.M. 512

EDDIE'S INFERNO, INC., a New Mexico corporation, d/b/a Eddie's Inferno, et al., Plaintiffs-Appellees and Cross-Appellants, v. CITY OF ALBUQUERQUE, State of New Mexico, a municipal corporation, Defendant-Appellant and Cross-Appellee.

Supreme Court of New Mexico.

September 23, 1968.

Attorney(s) appearing for the Case

Frank M. Mims, Albuquerque, for appellant.

Montoya & Montoya, Joseph B. Zucht, Albuquerque, for appellees.

OPINION

CARMODY, Justice.

The issue in this case is identical with that decided in Sunset Package Store, Inc. v. City of Carlsbad, 79 N.M. 260, 442 P.2d 572 (1968). To lay at rest appellees' paralogistic argument, we reaffirm what is implicit in Sunset Package Store, Inc. v. City of Carlsbad, supra, that § 46-4-2, N.M.S.A. 1953, does not require the adoption of a new ordinance each year...

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