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EL DORADO AT SANTA FE, INC. v. BD. OF CTY. COM'RS

No. 10658.

551 P.2d 1360 (1976)

89 N.M. 313

EL DORADO AT SANTA FE, INC., a New Mexico Corporation, Plaintiff-Appellant, v. BOARD OF COUNTY COMMISSIONERS OF SANTA FE COUNTY, New Mixico, et al., Defendants-Appellees, v. CENTRAL CLEARING HOUSE, INC., ET AL., INTERVENORS-APPELLEES.

Supreme Court of New Mexico.

Rehearing Denied July 19, 1976.

Attorney(s) appearing for the Case

Olmsted & Cohen, Charles D. Olmsted, Santa Fe, for plaintiff-appellant.

Bachicha & Casey, Pat Casey, Santa Fe, for defendants-appellees.

White, Koch, Kelly & McCarthy, Santa Fe, for intervenors-appellees.

OPINION

STEPHENSON, Justice.

Plaintiff-appellant (El Dorado) appeals from an order quashing an alternative writ of mandamus. El Dorado is the owner, developer and subdivider of a tract of land in Santa Fe County situated more than five miles from the boundary of any municipality. The alternative writ states in pertinent part:

4. Commencing in 1970, Plaintiff caused a portion of the Lands, consisting of...

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