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MATSU v. CHAVEZ

No. 13487.

635 P.2d 584 (1981)

96 N.M. 775

James MATSU, Adolph Sanchez, Arturo Cordova and Roland R. Sanchez, Plaintiffs-Appellees, v. Pablo CHAVEZ, Manuelita Chavez, husband and wife, and Ramon Chavez, Defendants-Appellants, and Raoul Cordova and Dolores Cordova, husband and wife, Third Party Defendants-Appellees.

Supreme Court of New Mexico.

October 27, 1981.

Attorney(s) appearing for the Case

Robert N. Singer, Deborah S. Seligman, Albuquerque, for defendants-appellants.

Reggie C. Chavez, Belen, for plaintiffs-appellees.

OPINION

RIORDAN, Justice.

The plaintiffs are surrounding landowners to the defendant's (Chavez) property who travel on a road (Enrique Road) located on Chavez' land. As a result of Chavez closing the road, this action was brought by the plaintiffs who claim they have a prescriptive easement over Enrique Road.

The issues on appeal are:

1. Whether the plaintiffs are collaterally estopped from asserting that Enrique Road is subject to a prescriptive...

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