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UNITED WATER N.M. v. PUBLIC UTILITY COM'N

Nos. 23151, 23264.

910 P.2d 906 (1996)

121 N.M. 272

UNITED WATER NEW MEXICO, INC., formerly known as Rio Rancho Utilities Corporation, Petitioner, v. NEW MEXICO PUBLIC UTILITY COMMISSION, and the City of Rio Rancho, Respondents, and The Thirteenth Judicial District Court, Real Party in Interest. CITY OF RIO RANCHO, a New Mexico Home Rule Municipal Corporation, Petitioner, v. NEW MEXICO PUBLIC UTILITY COMMISSION, Respondent.

Supreme Court of New Mexico.

January 17, 1996.

Attorney(s) appearing for the Case

Keleher & McLeod, P.A., Richard B. Cole, Spencer Reid, Susan M. McCormack, Claudia Gayheart Crawford, Albuquerque, for Petitioner United Water New Mexico, Inc.

Marilyn C. O'Leary, Albuquerque, Randall D. Van Vleck, City Attorney, Rio Rancho, Lamb, Metzgar, Lines & Dahl, P.A., Bernard P. Metzgar, Albuquerque, Brownstein, Hyatt, Farber & Strickland, P.C., Charles B. White, Denver, CO, for Petitioner City of Rio Rancho.

New Mexico Public Utility Commission, Lee W. Huffman, Anastasia S. Stevens, Santa Fe, for Respondent N.M. Public Utility Com'n.

Cohen & Cohen, P.A., David S. Cohen, Santa Fe, Law Office of T.A. Sandenaw, Thomas A. Sandenaw, Jr., Las Cruces, for amicus curiae.

Tom Udall, Attorney General, Santa Fe, for real party in interest.

OPINION

FROST, Justice.

The City of Rio Rancho (Rio Rancho) and Rio Rancho Utilities Corporation (RRUC)1 appeal from a decision of the New Mexico Public Utility Commission (PUC) blocking Rio Rancho's condemnation and acquisition of RRUC's water utility systems. Rio Rancho and RRUC argue that the PUC had no jurisdiction over the condemnation action. We agree and therefore vacate the PUC's decision.

I. FACTS

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