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WEBB v. FOX

No. 8692.

737 P.2d 82 (1987)

105 N.M. 723

Gene W. WEBB and Jo Beth Webb, his wife; Richard P. Gelasco and Dorothy B. Gelasco, his wife; and John Mottinger and Molly Mottinger, his wife, Plaintiffs-Appellants, v. Jack R. FOX, Larry G. Fields, Keenan Wallace, and David Fields, partners in F & W Enterprises, a New Mexico partnership; Santa Teresa Country Club, Inc., a New Mexico corporation; and C.L. Crowder Investment Company, a New Mexico corporation, Defendants, and Fernando Macias, Salvador Gonzales, Ray Luchini, Jamie Stull, and Peter Cooper of the Dona Ana County Board of County Commissioners, Defendants-Appellees.

Court of Appeals of New Mexico.

March 24, 1987.

Attorney(s) appearing for the Case

Beverly J. Singleman, Martin, Cresswell, Hubert & Hernandez, P.A., Las Cruces, for plaintiffs-appellants.

Keith S. Burn, Law Offices of Keith S. Burn, P.A., Las Cruces, for defendants Fox, Fields and Wallace.

Douglas R. Driggers, Dist. Atty., Patrick A. Fort, Asst. Dist. Atty., Las Cruces, for defendants-appellees.

OPINION

FRUMAN, Judge.

Plaintiffs appeal from the trial court's dismissal of their petition for certiorari from the decision of the Dona Ana County Board of County Commissioners to grant a special use permit to F & W Enterprises. The board is the only party-defendant in this appeal. The issues raised by plaintiffs are: (1) whether F & W Enterprises is an "aggrieved person" under NMSA 1978, Section 3-21-8(B) (Repl. 1985); (2) whether the decision...

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