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LAS CRUCES COUNTRY CLUB v. CITY OF LAS CRUCES

No. 8880.

467 P.2d 403 (1970)

81 N.M. 387

LAS CRUCES COUNTRY CLUB, INC., a New Mexico Corporation, Plaintiff-Appellee, v. CITY OF LAS CRUCES, New Mexico, a municipal corporation; and City Commission of the City of Las Cruces, New Mexico, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied April 8, 1970.

Attorney(s) appearing for the Case

George Richard Schmitt, Las Cruces, for appellants.

Crouch & Lenko, Las Cruces, for appellee.

OPINION

COMPTON, Justice.

This is an action to have a paving assessment of $6,679.64 levied by the defendant, City of Las Cruces, against the land of the plaintiff, Las Cruces Country Club, invalidated. Plaintiff's complaint alleges that its property will not be benefited by the assessment but will be damaged thereby. It also alleges that the defendant in making the assessment failed to comply with the provisions of § 14-19-5(D), N.M.S.A. 1953, with...

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