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CITY OF LAS CRUCES v. EL PASO ELECTRIC CO.

No. 23846.

954 P.2d 72 (1998)

124 N.M. 640

1998-NMSC-006

CITY OF LAS CRUCES, a Municipal Corporation, Plaintiff, v. EL PASO ELECTRIC COMPANY, a Texas Corporation, Defendant, and Dona Ana County Board of Commissioners, Intervenor-Defendant.

Supreme Court of New Mexico.

February 11, 1998.

Attorney(s) appearing for the Case

Nann M. Houliston, Albuquerque, Martin, Lutz & Brower, P.C., William L. Lutz, Hugh T. Brower, Las Cruces, for Plaintiff.

Law Office of T.A. Sandenaw, Jr., Thomas A. Sandenaw, Jr., Raul A. Carrillo, Jr., Las Cruces, Sidley & Austin, David F. Graham,

D. Cameron Findlay, Mark B. Blocker, James W. Ducayet, Chicago, IL, Cohen & Cohen, Jane C. Cohen, David S. Cohen, Jill Z. Cooper, Santa Fe, for Defendant.

Kevin D. Elkins, Thomas R. Figart, Las Cruces, for Intervenor-Defendant.

Patrick Ortiz, Albuquerque, for Amicus Public Service Company of New Mexico.

OPINION

MINZNER, Justice.

{1} The United States District Court for the District of New Mexico, pursuant to Rule 12-607 NMRA 1997, has certified to us this question: "Under New Mexico law, does the City of Las Cruces possess the authority to condemn a portion of El Paso Electric Company's property for use as a municipal electric utility, when that property is already devoted to a public use?" Following oral argument before this Court but prior to any disposition...

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