AMERADA HESS CORP. v. ADEE

No. 8393.

744 P.2d 550 (1987)

106 N.M. 422

AMERADA HESS CORPORATION, a Delaware Corporation, Plaintiff-Appellee, and New Mexico State Highway Department, Involuntary Plaintiff-Appellee, v. Bobby D. ADEE, Johnann H. Adee, Claude E. Girard, J. Casper Heimann, Louis F. James, Newt James, Tom T. James, Doris Martin, Genevieve Martin, Kenneth Bill Martin, Quintin N. Martin, and Pauline Robertson, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Denied October 21, 1987.


Attorney(s) appearing for the Case

Richard N. Carpenter, Michael R. Comeau, Stephenson, Carpenter, Crout & Olmsted, Santa Fe, for plaintiff-appellee; Lin Patterson, Marilyn O. Adamson, Tulsa, Okl., of counsel.

Phil R. Lucero, Sp. Asst. Atty. Gen., New Mexico State Highway Dept., Santa Fe, for involuntary plaintiff-appellee.

Paul A. Kastler, Kastler & Kamm, Raton, for defendants-appellants.


OPINION

GARCIA, Judge.

Defendants appeal from an order of summary judgment rendered against them. They raise four issues: 1) whether the State Highway Department exceeded the contractual limits of its easement on defendants' land by allowing plaintiff to lay a gas pipeline; 2) whether the laying of the pipeline by plaintiff created an impermissible additional burden upon the servient estates owned by defendants; 3) whether the law allows imposition of a...

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