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STATE EX REL. NORVELL v. ARIZONA PUBLIC SERVICE CO.

No. 9482.

510 P.2d 98 (1973)

85 N.M. 165

STATE of New Mexico ex rel. David L. NORVELL, Attorney General Slerra Club, New Mexico Citizens For Clean Air and Water, Inc. and Harvey Mudd, II, Plaintiffs-Appellees. v. ARIZONA PUBLIC SERVICE COMPANY, public Service Company of New Mexico, Tucson Gas and Electric Company, Southern California Edison Company and El Paso Electric Company, Defendants-Appellants.

Supreme Court of New Mexico.

May 18, 1973.

Attorney(s) appearing for the Case

Montgomery, Federici, Andrews, Hannahs & Morris, Sumner G. Buell, Santa Fe, for Ariz. Public Service, Southern California Edison, Tucson Gas & Electric Co. and El Paso Electric Co.

Rodey, Dickason, Sloan, Akin & Robb; W.A. Sloan, Albuquerque, James B. Cooney, Farmington, Keleher & McLeod, Russell Moore, Albuquerque, for Public Service Co.

Snell & Wilmer, Phoenix, Ariz., for Arizona Public Service Co.

Holesapple, Conner, Jones, McFall & Johnson, Tucson, Ariz., for Tucson Gas & Electric.

Kemp, Smith, White, Duncan & Hammond, El Paso, Tex., for El Paso Electric.

Tansey, Rosebrough, Roberts & Gerding, Farmington, for appellants.

David L. Norvell, Atty. Gen., Thomas L. Dunigan, Asst. Atty. Gen., Thomas A. Donnelly, Sp. Asst. Atty. Gen., Santa Fe, H. Anthony Ruckel, Sierra Club Legal Defense Fund, Denver, Colo., for appellees.

OPINION

STEPHENSON, Justice.

This action was brought pursuant to §§ 40A-8-1 and 40A-8-5, subd. B, N.M.S.A. 1953 by the New Mexico Attorney General, enviromental groups and an individual (Plaintiffs) in the name of the State of New Mexico in the District Court of San Juan County, seeking injunctive relief to abate alleged public nuisances caused by operation of the Four Corners Power Plant located in northwestern New Mexico.

The complaint...

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