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GRIFFITH v. NEW MEXICO PUBLIC SERVICE COMMISSION

No. 9725.

520 P.2d 269 (1974)

Bruce GRIFFITH, Petitioner-Appellee, v. NEW MEXICO PUBLIC SERVICE COMMISSION, Respondent-Appellant.

Supreme Court of New Mexico.

March 22, 1974.

Attorney(s) appearing for the Case

David L. Norvell, Atty. Gen., James L. Parmelee, Jr., Asst. Atty. Gen., Santa Fe, for respondent-appellant.

Modrall, Sperling, Roehl, Harris & Sisk, George T. Harris, Jr., Albuquerque, for petitioner-appellee.

Montgomery, Federici, Andrews, Hannahs & Buell, John B. Pound, Santa Fe, A.S. Grenier, Dallas, Tex., Vice President & General Atty., Southern Union Gas Co., amicus curiae.

OPINION

MARTINEZ, Justice.

Bruce Griffith, appellee, is the developer of a subdivision known as "Agua Fria Estates" which borders the Village of Ruidoso Downs, New Mexico. Appellee subdivided Agua Fria Estates into 100 residential lots in 1947 and filed his subdivision plat in July of that year with the County Clerk of Lincoln County. Since 1947 appellee has sold nearly fifty of the 100 lots in his subdivision, twenty-seven of which contain private dwellings...

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