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McCABE v. HAWK

No. 5217.

642 P.2d 608 (1982)

97 N.M. 622

Robert McCABE, Delores McCabe, Ned Van Houten, Claudette Van Houten, and Jean Williams, Plaintiffs-Appellants, v. Robert HAWK, et al., Defendants-Appellees, and Rubi Metals, Inc., Defendant.

Court of Appeals of New Mexico.

Certiorari Denied March 18, 1982.

Attorney(s) appearing for the Case

John M. Wells, Ruud & Wells, Albuquerque, for plaintiffs-appellants.

Alonzo J. Padilla, Carl J. Schmidt, Albuquerque, for defendant, Rubi Metals, Inc.

Tito D. Chavez, Albuquerque, for defendants-appellees.

OPINION

WALTERS, Chief Judge.

Plaintiffs filed a five-count complaint in 1979 against the iounty commission, the district attorney, the sheriff, the Air Quality Control Board, and Rubi Metals, Inc., requesting mandamus, injunction, and damages in the various counts. The trial court dismissed Counts I, II & V of the complaint; plaintiffs appeal.

Count I requested rescission, by mandamus, of a special use permit for a "scrap metal business" originally...

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