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COE v. CITY OF ALBUQUERQUE

No. 8739.

467 P.2d 27 (1970)

81 N.M. 361

Ralph M. COE and Wilhelmina N. Coe, Plaintiffs-Appellants, v. CITY OF ALBUQUERQUE, a municipal corporation, Jack Coogan and Alida Coogan, Roland Walters and Mary Walters, Defendants-Appellees.

Supreme Court of New Mexico.

March 16, 1970.

Attorney(s) appearing for the Case

Oliver Burton Cohen, William H. Carpenter, Albuquerque, for appellants.

Hernandez, Atkinson & Kelsey, Albuquerque, for Coogan & Walters.

Frank M. Mims, Albuquerque, for City of Albuquerque.

OPINION

SISK, Justice.

Plaintiffs appeal from a summary judgment granted to the defendants, City of Albuquerque, Jack Coogan and Alida Coogan, and Roland Walters and Mary Walters. Plaintiffs sought to have three ordinances of the City of Albuquerque declared void, insofar as they affect the property or property rights of plaintiffs. Summary judgment may properly be granted only if the moving party is entitled thereto as a matter of law upon clear and undisputed...

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