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CITY OF CLOVIS v. WARE

No. 13457.

632 P.2d 356 (1981)

96 N.M. 479

The CITY OF CLOVIS, New Mexico, a municipal corporation, Plaintiff-Appellant, v. G.C. WARE and Kitty Lee Ware, husband and wife, and All Unknown Claimants of Interest in the Premises Adverse to the Plaintiff, Defendants-Appellees.

Supreme Court of New Mexico.

August 13, 1981.

Attorney(s) appearing for the Case

Harry L. Patton, Clovis, for plaintiff-appellant.

Walker & Tatum, Lyle Walker, Clovis, Hinkle, Cox, Eaton, Coffield & Hensley, Harold L. Hensley, Richard E. Olson, Roswell, for defendants-appellees.

OPINION

FEDERICI, Justice.

City of Clovis (appellant), initiated an action in eminent domain to take a portion of Ware's (appellees') property for the purpose of constructing a sewage disposal plant for appellant. The condemnation action involved 120 acres of a 360-acre tract owned by appellees. The jury returned a verdict for appellees and the trial court entered judgment for appellees. We affirm.

Evidence was introduced and presented to the jury...

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