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ROWLEY v. MURRAY

No. 9329.

748 P.2d 973 (1987)

106 N.M. 676

Nicholas J. ROWLEY and Ann L. Rowley, his wife, Plaintiffs-Appellees, v. Frank MURRAY, as Mayor; Cleo Carpenter, Lynn Martin, James B. Moss, Michael Johnson, J.R. Dickenson, and Pat Sandoval, as members of the City Commission of the City of Clovis; and City of Clovis, New Mexico, a municipal corporation, Defendants-Appellants.

Court of Appeals of New Mexico.

November 10, 1987.

Attorney(s) appearing for the Case

Richard F. Rowley, II, Rowley and Parker, P.C., Clovis, for plaintiffs-appellees.

Michael T. Garrett, David F. Richards, Garrett & Richards, Clovis, for defendants-appellants.

OPINION

MINZNER, Judge.

Defendants, members of the city commission and the City of Clovis, appeal the district court's decision striking an assessment of benefits against plaintiffs' property as part of an improvement district created by provisional order. See NMSA 1978, § 3-33-12 (Repl.Pamp. 1984). Defendants contend the court erred in concluding that "[t]he determination of benefits by the City is...

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