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DEERMAN v. BOARD OF COUNTY COM'RS

No. 13,290.

864 P.2d 317 (1993)

116 N.M.App. 501

Willard L. DEERMAN, Jr., individually and as a partner in Heritage Dairy, Petitioner-Appellant, v. BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF DONA ANA, Respondent, and Ramiro and Eloisa Ramos, et al., Intervenors-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied November 3, 1993.

Attorney(s) appearing for the Case

Beverly J. Singleman, Hubert & Hernandez, P.A., Las Cruces, for petitioner-appellant.

Kevin D. Elkins, Deputy County Atty., Dona Ana County Attorney's Office Las Cruces, for respondent Dona Ana County.

William A. Walker, Jr., Reeves, Chavez, Greenfield, Acosta & Walker, P.A., Las Cruces, for intervenors-appellees.

OPINION

HARTZ, Judge.

Willard L. Deerman Jr. (Deerman), a partner in Heritage Dairy, appeals a district court decision regarding a special-use permit to operate a dairy on property he owns in Dona Ana County. Although the parties raise a number of issues in their briefs, the dispositive issue in this appeal is whether SCRA 1986, 1-060(B) (Repl. 1992), authorized the court to vacate an earlier judgment in favor of Deerman. We reverse because a motion...

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