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CANDELARIA v. MIDDLE RIO GRANDE CONS. D.

No. 10,680.

761 P.2d 457 (1988)

107 N.M. 579

Arturo S. CANDELARIA, Petitioner, v. The MIDDLE RIO GRANDE CONSERVANCY DISTRICT, a political subdivision of the State of New Mexico, Respondent.

Court of Appeals of New Mexico.

July 14, 1988.

Attorney(s) appearing for the Case

Frederick M. Mowrer, Jr., Albuquerque, Michael S. Sanchez, Los Lunas, for petitioner.

Thomas J. Griego, Behles & Davis, P.C., Albuquerque, for respondent.

OPINION

DONNELLY, Chief Judge.

Plaintiff, Arturo Candelaria, filed suit against the Middle Rio Grande Conservancy District (District) for property damages arising out of a flood which occurred when the District's irrigation ditches broke. The District filed a motion for judgment on the pleadings, alleging immunity under the Tort Claims Act. The trial court denied the motion and certified for interlocutory appeal the question of governmental immunity and...

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