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BURESH v. CITY OF LAS CRUCES

No. 8844.

463 P.2d 513 (1969)

Louie W. BURESH, Edith I. Buresh, Robert Louis Buresh and Sharon Buresh, Plaintiffs-Appellants, v. CITY OF LAS CRUCES, A municipal corporation, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied January 23, 1970.

Attorney(s) appearing for the Case

Privette & Privette, Las Cruces, for plaintiffs-appellants.

George Richard Schmitt, Las Cruces, for defendant-appellee.

OPINION

DEE C. BLYTHE, District Judge.

This case turns on questions of limitations of action, and we hold that the three-year limitation of § 23-1-23, N.M.S.A., 1953 Comp., must be applied to an "inverse condemnation" action against a municipality and to a purported written promise to pay growing out of the same matter.

This action was commenced in the District Court of Dona Ana County, New Mexico. Plaintiffs-appellants sought compensation for...

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