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WELLS v. ARCH HURLEY CONSERVANCY DISTRICT

No. 2290.

554 P.2d 678 (1976)

89 N.M. 516

Perry WELLS, Nick Pacheco and Nieves Pacheco, his wife, Plaintiffs-Appellants, v. ARCH HURLEY CONSERVANCY DISTRICT, Defendant-Appellee.

Court of Appeals of New Mexico.

Rehearing Denied September 7, 1976.

Attorney(s) appearing for the Case

Harold H. Parker, Albuquerque, for plaintiffs-appellants.

Michael T. Garrett, Clovis, for defendant-appellee.

OPINION

SUTIN, Judge.

Plaintiffs sued defendant pursuant to § 75-31-18, N.M.S.A. 1953 (Repl.Vol. 11, pt. 2), to recover for the value of property taken and for the loss of use of property which resulted from drainage of excess water into Tucumcari Lake. Over objection, the trial court, at the time of trial, transformed this claim into an eminent domain proceeding, the same as though it were brought by the defendant against the plaintiffs to condemn...

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