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GUTIERREZ v. RIO RANCHO ESTATES, INC.

No. 12502.

605 P.2d 1154 (1980)

93 N.M. 755

Ralph A. GUTIERREZ, Mary S. Gutierrez, his wife, and Ruth H. Lucero, aka Aline Lucero, Petitioners, v. RIO RANCHO ESTATES, INC. and Amrep Construction Corporation, Respondents.

Supreme Court of New Mexico.

January 28, 1980.

Attorney(s) appearing for the Case

Mercer & McCash, Joseph H. Mercer, Albuquerque, for petitioners.

Jerrald J. Roehl, Richard A. Winterbottom, Albuquerque, for respondents.

OPINION

FEDERICI, Justice.

Petitioners-Gutierrez are the owners of land which lies adjacent to and below the development of Rio Rancho Estates, the property of respondents — Rio Rancho Estates, Inc. Respondents constructed retention dams and drainage facilities from which water is discharged onto petitioners' land, resulting in periodic flooding and silting on petitioners' property. Among the court's instructions to the jury were the following:

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