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FELLOWS v. SHULTZ

No. 8804.

469 P.2d 141 (1970)

81 N.M. 496

Leland L. FELLOWS and Doralea Sanders Bean, Petitioners-Appellees, v. Addie SHULTZ, Leon Ramey and Ethel Ramey, Respondents-Protestants-Appellants, v. STATE of New Mexico ex rel. S.E. REYNOLDS, State engineer, Defendant-Appellee.

Supreme Court of New Mexico.

May 4, 1970.

Attorney(s) appearing for the Case

D.D. Archer, Artesia, for respondents-appellants.

Sanders & Bruin, Roswell, for petitioners-appellees.

James A. Maloney, Atty. Gen., F. Harlan Flint, Peter B. Shoenfeld, Special Asst. Attys. Gen., Santa Fe, for defendant-appellee.

OPINION

SISK, Justice.

Appellants protested an application filed by appellees with the State Engineer for a change of location of a water well, in accordance with the provisions of § 75-11-7, N.M.S.A. 1953, as amended in 1967. The constitutionality of this statute is challenged by both appellants and the State Engineer. The trial court entered judgment for appellees on the merits of their application, but because the constitutional question is determinative...

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