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DAUGHERTY v. CITY OF CARLSBAD

No. 15923.

905 P.2d 1120 (1995)

120 N.M. 716

Jean DAUGHERTY, Ida Mae Rayroux, Jesse F. Rayroux and Roy L. Rayroux, Plaintiffs-Appellants, v. CITY OF CARLSBAD, a municipality, acting by and through its councilmen and Mayor, Houston Clark, Tom Quintela, Gary Perkowski, Fred Bloss, Ted Hauser, Dale Janway, George Crump, Joe Florez, and Mayor Bob Forrest, Defendants-Appellees, and Richard Forrest, Sr., Richard Forrest, Jr., Gene R. Taylor, Tommy Wilson, Collett Ryan and Sherry Campbell, Intervenors-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied November 1, 1995.

Attorney(s) appearing for the Case

Thomas L. Marek, Matthew T. Byers, Marek & Francis, P.A., Carlsbad, J.W. Neal, J.W. Neal, P.C., Hobbs, for Plaintiffs-Appellants.

B.G. Davis, Rosenberg & Davis, Carlsbad, for Defendants-Appellees.

W.T. Martin, Jr., Law Offices of W.T. Martin, Jr., P.A., Carlsbad, for Intervenors-Appellees.

OPINION

BLACK, Judge.

Based on a petition by Intervenors, the Carlsbad City Council adopted Ordinance 93-16, which annexed approximately 141 acres of land into the City of Carlsbad (City). Plaintiffs, who also own land within the annexed parcels, filed an appeal in the district court, challenging the annexation. Both Plaintiffs and the City filed motions for summary judgment. The district court granted the City's motion. We affirm.

I.

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