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CARTER v. CITY OF LAS CRUCES, NEW MEXICO

No. 15897.

915 P.2d 336 (1996)

121 N.M. 580

Anderson CARTER, II, Plaintiff-Appellant, v. The CITY OF LAS CRUCES, New Mexico, and Ruben Smith, in his capacity as Mayor, and Bruno Zaldo, in his official capacity as City Manager, and Herculano Ferralez, Gene Kennon, Jack Valencia, Henry Benavidez, Tommy Tomlin, and John Haltom, in their capacities as City Councilors, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied April 23, 1996.

Attorney(s) appearing for the Case

Lawrence R. White, Joel T. Newton, Las Cruces, for Appellant.

Harry S. (Pete) Connelly, Las Cruces, William L. Lutz, Las Cruces, for Appellees.

OPINION

BOSSON, Judge.

1. The City of Las Cruces called a municipal election to decide whether the City should acquire a private electric utility either by negotiated purchase or eminent domain. Plaintiff, a local citizen taxpayer, opposed the acquisition. He filed suit to enjoin the City and various municipal officials from expending public funds as part of a mass media campaign to promote a favorable vote...

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