HYDRO CONDUIT CORP. v. KEMBLE

No. 18446.

793 P.2d 855 (1990)

110 N.M. 173

HYDRO CONDUIT CORPORATION, Plaintiff-Appellant, v. Robert KEMBLE, as Secretary, New Mexico Public Safety Department, Technical and Emergency Support Division; Taos County Commissioners: Julian Romero, John Gaillour, Jr., and Telesfor Gonzales; Socorro County Commissioners: Charles A. Zimmerly, John Gallagher and Charles B. Padilla, Defendants-Appellees.

Supreme Court of New Mexico.

June 19, 1990.


Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, P.A., David C. Davenport, Jr., Santa Fe, Baker & Hostetler, John N. McNamara, Jr., Marjorie N. Sloan, Denver, Colo., for plaintiff-appellant.

Hal Stratton, Atty. Gen., Bruce Charles, Barbara Vigil, Asst. Attys. Gen., Santa Fe, for defendant-appellee Kemble.

John P. Viebranz, Socorro, for defendant-appellee Socorro County Com'rs.

Sammy Pacheco, Dist. Atty., Taos, for defendant-appellee Taos County Com'rs.


OPINION

MONTGOMERY, Justice.

The issue in this case is whether sovereign immunity bars a claim against the state for unjust enrichment. The trial court held that it does and granted the state's motion to dismiss the complaint for failure to state a claim upon which relief could be granted. We hold that the trial court was correct and affirm: A claim for unjust enrichment is an action "based on contract" within the grant of immunity to governmental entities...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases