CHAVEZ v. CITY OF ALBUQUERQUE

No. 16941.

952 P.2d 474 (1997)

124 N.M. 479

1998-NMCA-004

Peter CHAVEZ, Plaintiff-Appellant, v. CITY OF ALBUQUERQUE, Arthur Blumenfeld, City of Albuquerque Personnel Board, Donald D. Young and David Campbell, Defendants-Appellees.

Court of Appeals of New Mexico.

December 9, 1997.


Attorney(s) appearing for the Case

Paul Livingston, Albuquerque, for Plaintiff-Appellant.

Robert M. White, City Attorney, Victor S. Lopez, Randy M. Autio, Assistant City Attorneys, Albuquerque, for Defendants-Appellees City of Albuquerque, Arthur Blumenfeld and David Campbell.

Todd M. Stafford, David A. Rammelkamp, Albuquerque, for Defendants-Appellees City of Albuquerque Personnel Board and Donald D. Young.


OPINION

WECHSLER, Judge.

1. Plaintiff Peter Chavez appeals the grant of summary judgment to the City of Albuquerque (the City) based on claim preclusion, commonly known as res judicata. We must determine the preclusive effect of Plaintiff's administrative grievance proceeding on his subsequent district court action. In so doing, we also consider whether the City's personnel board (personnel board) would have had authority to consider the district...

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