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ROE v. STATE EX REL. STATE HIGHWAY DEPT.

No. 15263.

710 P.2d 84 (1985)

David ROE and Sheila Roe, Buena Vida, Inc., a corporation, and United Continental New Mexico, Inc., a corporation, Plaintiffs-Appellants, v. STATE of New Mexico, ex rel. STATE HIGHWAY DEPARTMENT of the State of New Mexico, Jim Baca, Commissioner of Public Lands of New Mexico, and Kent Nowlin Construction Company, a corporation, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied December 19, 1985.

Attorney(s) appearing for the Case

Atwood, Malone, Mann & Turner, Charles F. Malone, R. Tracy Sprouls, Roswell, for plaintiffs-appellants.

Bill R. Garcia, Santa Fe, for defendant-appellee Jim Baca.

Reese C. Jones, Santa Fe, for defendant-appellee Highway Dept.

Downes & Comeau, Kenneth C. Downes, Albuquerque, for defendant-appellee Kent Nowlin.

OPINION

FEDERICI, Chief Justice.

Plaintiffs-appellants, David and Sheila Roe (Roes), filed this action in the District Court of Chaves County in inverse condemnation to recover damages, including reasonable attorney fees and expenses, from defendants-appellees, the New Mexico State Highway Department (SHD), the New Mexico Commissioner of Public Lands (Commissioner) and Kent Nowlin Construction Company. Buena Vida, Inc. and United Continental New Mexico,...

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