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ESPINOSA v. ROSWELL TOWER, INC.

No. 14417.

910 P.2d 940 (1995)

121 N.M. 306

Judith M. ESPINOSA, in her official capacity as Secretary of the New Mexico Environment Department, and the New Mexico Environment Department, Plaintiffs-Appellees/Cross-Appellants, v. ROSWELL TOWER, INC., Ray Bell, Jack Lovelady, Tom Lancaster, Leonard Talbert, Earnest Newlin, and Jack Lemmons, d/b/a Jack's Tractor Works, Defendants-Appellants/Cross-Appellees.

Court of Appeals of New Mexico.

December 6, 1995.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, Ripley B. Harwood, Special Asst. Atty. Gen., Geoffrey Sloan, Special Asst. Atty. Gen., New Mexico Environment Department, Santa Fe, for Plaintiffs-Appellees/Cross-Appellants.

Timothy J. Cusack, Cusack, Jaramillo & Associates, P.C., Roswell, Bruce S. Garber, Garber & Hallmark, P.C., Santa Fe, for Defendants-Appellants/Cross-Appellees.

OPINION

ALARID, Judge.

1. Roswell Tower, Inc. (RTI) appeals, and the New Mexico Environment Department (NMED) cross-appeals, from penalties and costs awarded against RTI for nuisance and regulatory and statutory violations resulting from asbestos removal at the Petroleum Building (the building) in Roswell, New Mexico.

2. On appeal, Appellants challenge all penalties imposed and the sufficiency of...

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