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BROSSEAU v. NEW MEXICO STATE HIGHWAY DEPT.

No. 11861.

587 P.2d 1339 (1978)

92 N.M. 328

Joseph E. GROSSEAU, Jr., Plaintiff-Appellee, v. NEW MEXICO STATE HIGHWAY DEPARTMENT, Defendant-Appellant, Atchison, Topeka and Santa Fe Railway Company, Defendant-Appellee.

Supreme Court of New Mexico.

December 21, 1978.

Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., V. Henry Rothschild, Deputy Chief Counsel, State Highway Dept., Santa Fe, for appellant.

Kegel & McCulloch, W.R. Kegel, Santa Fe, for appellee Brosseau.

Johnson & Lanphere, Bryan G. Johnson, Albuquerque, for appellee Atchison, Topeka and Santa Fe Railway.

OPINION

PAYNE, Justice.

Plaintiff-appellee Brosseau brought this quiet title action to extinguish title to certain property against both the New Mexico State Highway Department and the Atchison, Topeka and Santa Fe Railway Company. The Department filed a motion to dismiss the case on the ground that quiet title actions against the State are barred by the doctrine of sovereign immunity. From denial of that motion by the trial court, the Department brought...

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