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MONTANO v. GABALDON

No. 17937.

766 P.2d 1328 (1989)

108 N.M. 94

Salomon MONTANO, individually and as Valencia County Commissioner, Plaintiff-Appellant, v. Paul GABALDON, Valencia County Commissioner, and Frank A. Gurule, Valencia County Commissioner, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied January 31, 1989.

Attorney(s) appearing for the Case

Thomas C. Esquibel, Los Lunas, Hal Stratton, Atty. Gen., Scott Spencer, Asst. Atty. Gen., Santa Fe, for appellant.

Modrall, Sperling, Roehl, Harris & Sisk, Arthur D. Melendres, Suzanne R. Spiers, Albuquerque, for defendants-appellees.

Kemp, Smith, Duncan & Hammond, Donald B. Monnheimer, Bruce E. Castle, Thomas L. English, Sp. Asst. Attys. Gen., Albuquerque, for amicus curiae Atty. Gen.

Steven M. Barshov, New York City, Douglas W. Fraser, Santa Fe, for amicus curiae NM Municipal League.

Sehrman & Howard, Mike Groshek, Denver, Colo., Douglas W. Fraser, Santa Fe, for amicus curiae NM Ass'n of Counties.

OPINION

SCARBOROUGH, Chief Justice.

This suit involves a constitutional question arising out of the decision of the Board of County Commissioners of Valencia County to enter into a Lease with Option to Purchase Agreement (lease) with a private corporation for the use of a new jail facility to be constructed on county-owned land. Valencia County voters have twice voted down referendums to finance a new jail. Plaintiff-appellant and County Commissioner Salomon...

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