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GONZALEZ v. WHITAKER

No. 5404.

643 P.2d 274 (1982)

97 N.M. 710

Arnulfo and Concha GONZALEZ, et al., Plaintiffs-Appellees, v. B.F. WHITAKER, Defendant-Appellant, and The Board of County Commissioners of Dona Ana County.

Court of Appeals of New Mexico.

March 9, 1982.

Attorney(s) appearing for the Case

Stephen A. Hubert, Beverly J. Singleman, Martin, Lutz, Cresswell & Hubert, P.A., Las Cruces, for defendant-appellant Whitaker.

Jose Angel Silva, Jr., Rallis & Silva, El Paso, Tex., for plaintiffs-appellees.

OPINION

WALTERS, Chief Judge.

Defendant B.F. Whitaker (Whitaker) obtained a special use permit from the Dona Ana Board of County Commissioners (Board) to build a dairy near the community of Chamberino in Dona Ana County, New Mexico. Plaintiffs Arnulfo and Concha Gonzalez and other residents of Chamberino (residents), opposing its construction, appealed the Board's decision and the Board denied their appeal. They then brought suit against the Board and Whitaker...

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