CITY OF ALBUQUERQUE v. STATE

No. 11688.

808 P.2d 58 (1991)

111 N.M. 608

CITY OF ALBUQUERQUE, Respondent-Appellant, v. STATE of New Mexico, ex rel. VILLAGE OF LOS RANCHOS de ALBUQUERQUE, et al., Petitioners-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied March 20, 1991.


Attorney(s) appearing for the Case

William G. Walker, Walker & van Heijenoort, Hector & Associates, P.A., Thomas L. Popejoy, Popejoy, Leach, Green & Melkus, P.C., Albuquerque, for petitioners-appellees.

William C. Schaab, James P. Fitzgerald, Rodey, Dickason, Sloan, Akin & Robb, P.A., David Campbell, City Atty., Edward R. Pearson, Asst. City Atty., Albuquerque, for respondent-appellant.

Hal Stratton, Atty. Gen., Elizabeth Glenn, Asst. Atty. Gen., Santa Fe, amicus curiae-State Atty. Gen.

Hollis Ann Weisz, Nordhaus, Haltom, Taylor, Tardash & Frye, Santa Fe, David Doheny, Gen. Counsel, Elizabeth S. Merritt, Andrea C. Ferster, Assts. Gen. Counsel, Washington, D.C., amicus curiae-National Trust for Historic Preservation & Rio Grande Preservation Soc.


OPINION

DONNELLY, Judge.

On rehearing, the previous opinion filed January 8, 1991, is withdrawn and the following is substituted therefor.

The City of Albuquerque (City) pursues this interlocutory appeal from the district court's issuance of a preliminary injunction stopping the City's construction of the Montano River Crossing Project (project). Six issues were certified for review. We have consolidated these questions and discuss (1) whether a...

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