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BETTINI v. CITY OF LAS CRUCES

No. 9178.

485 P.2d 967 (1971)

82 N.M. 633

S. A. BETTINI, Plaintiff-Appellant, v. The CITY OF LAS CRUCES, New Mexico, a municipal corporation, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied June 14, 1971.

Attorney(s) appearing for the Case

Garland, Martin & Martin, William L. Lutz, Las Cruces, for plaintiff-appellant.

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

OPINION

STEPHENSON, Justice.

Plaintiff-appellant (Plaintiff) filed suit against defendant-appellee (City) for a refund of utility charges exacted by the City in payment of an obligation owing by Plaintiff's predecessor in title as a condition to furnishing further service. From an adverse judgment, Plaintiff appeals.

In 1965 a mortgage foreclosure suit was pending against Penguin Motor Hotel in which a judgment of foreclosure was entered on November...

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