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COUNTY OF DONA ANA v. BENNETT

No. 20308.

867 P.2d 1160 (1994)

116 N.M. 778

COUNTY OF DONA ANA, By and Through its BOARD OF COUNTY COMMISSIONERS, Plaintiff-Appellee, v. William C. BENNETT, Judith S. Bennett, and William c. Bennett, Jr., Defendants-Appellants.

Supreme Court of New Mexico.

January 10, 1994.

Attorney(s) appearing for the Case

Law Systems of Las Cruces, P.A., Anthony F. Avallone, Las Cruces, for defendants-appellants.

Kevin D. Elkins, Deputy County Atty., Las Cruces, for plaintiff-appellee.

OPINION

MONTGOMERY, Justice.

The New Mexico Court of Appeals certified this appeal to us under NMSA 1978, Section 34-5-14(C) (Repl.Pamp. 1990), as involving the following question of substantial public interest: Whether the New Mexico Uniform Jury Instruction on the measure of damages for a partial taking of property in a condemnation action, SCRA 1986, 13-704 (Repl.Pamp. 1991) (UJI Civil 13-704), conflicts with a statute declaring when the right...

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