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STATE EX REL. STATE HIGHWAY AND TRANSP. DEPT. v. GARLEY

No. 18684.

806 P.2d 32 (1991)

111 N.M. 383

STATE of New Mexico, ex rel. STATE HIGHWAY AND TRANSPORTATION DEPARTMENT, Petitioner-Appellee, v. Eloy M. GARLEY and Elfides Garley, his wife, Defendants-Appellees, Jerry Olguin, Defendant-in-Intervention-Appellant.

Supreme Court of New Mexico.

January 24, 1991.

Attorney(s) appearing for the Case

Williams, Conroy & Sims, Anthony J. Williams, Belen, for defendant-in-intervention-appellant.

Edward J. Apodaca, Albuquerque, for defendants-appellees Garley.

Hal Stratton, Atty. Gen. and Hugh W. Parry, Asst. Atty. Gen., Santa Fe, for petitioner-appellee.

OPINION

MONTGOMERY, Justice.

This is an appeal from a summary judgment in favor of the lessor and against the lessee under a lease of a certain tract of land in Valencia County, New Mexico. The State, through the Highway Department, brought this action to condemn the leased tract, naming only the lessor as defendant. The lessee intervened and asserted an interest in the tract by virtue of his lease. The lessor resisted this assertion on the ground that a...

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