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DELGADILLO v. CITY OF SOCORRO

No. 15,867.

723 P.2d 245 (1986)

104 N.M. 476

Tomas DELGADILLO and Clara Delgadillo, Moises Romero and Diane Romero, Plaintiffs v. CITY OF SOCORRO, Defendant-Third Party Plaintiff-Appellant, v. Donald W. TIMBERMAN, Individually and d/b/a Timberman Construction Company, and Timberman Corporation, a New Mexico corporation, d/b/a Timberman Corporation and Construction, Third-Party Defendants-Appellees.

Supreme Court of New Mexico.

August 12, 1986.

Attorney(s) appearing for the Case

Aguilar, Vermillion & Kirkwood, Mary L. Vermillion, Albuquerque, for defendant third-party plaintiff-appellant.

Beall, Pelton, O'Brien & Brown, Daniel J. O'Brien, Albuquerque, for third-party defendants-appellees.

OPINION

SOSA, Senior Justice.

This appeal arises from a summary judgment granted the third-party defendant, Donald W. Timberman (Timberman), under NMSA 1978, Section 37-1-27 against the third-party plaintiff, the City of Socorro (Socorro). We affirm.

The sole question on appeal is whether a gas line replacement and relocation constitutes a "physical improvement to real property" within the meaning of NMSA 1978, Section 37-1-27.

FACTS:

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