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STATE EX REL. v. CITY OF ALBUQUERQUE

No. 21813.

889 P.2d 185 (1994)

119 N.M. 150

STATE of New Mexico, ex rel., VILLAGE OF LOS RANCHOS DE ALBUQUERQUE, Kenneth M. Bull, Beverley Bull, Bill Douglas, Barbara Douglas, Beverly Goss, Frederick Gurule, Patricia Gurule, Robert Hall, Lorna Hall, Larry Harris, Terrence Keyes, Janice Keyes, David McArthur, Beverley McArthur, Maureen McGuinness, George Patterson, Connie Patterson, R.D. Robinett, Jr., Dorothy Robinett, Richard Robinson, Nancy Robinson, Katherine Rust, Lois Seibel, Tom Sorensen, Joann Sorensen, John Ulrich, Lisa Ulrich, Jack Whitten, and Stella Whitten, Plaintiffs-Respondents, v. CITY OF ALBUQUERQUE, Defendant-Petitioner.

Supreme Court of New Mexico.

Rehearing Denied January 26, 1995.

Attorney(s) appearing for the Case

Robert White, City Atty., Edward R. Pearson, Asst. City Atty., Albuquerque, for petitioner.

Walker & van Heijenoort, William G. Walker, Albuquerque, for respondents.

Robert J. Aragon, Ron Sanchez, Albuquerque, for amicus curiae Neighborhood Ass'n.

Nicholas F. Persampieri, Jr., Albuquerque, for amicus curiae Sierra Club, et al.

OPINION

FROST, Justice.

The City of Albuquerque (City) proposes to build the Montanño Bridge across the Rio Grande River. The Village of Los Ranchos de Albuquerque (Village) seeks to prevent construction of the bridge, claiming it will be a public nuisance in fact. We conclude that (1) within specific limits, the planning and construction of municipal public works projects are subject to review by the courts; (2) issues remain unresolved in establishing...

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