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BRANTLEY FARMS v. CARLSBAD IRR. DIST.

No. 17844.

954 P.2d 763 (1998)

124 N.M. 698

1998-NMCA-023

BRANTLEY FARMS, a New Mexico General Partnership, composed of Draper Brantley, Jr., George Brantley, and Henry McDonald, d/b/a McDonald Farm & Ranch, Petitioners-Appellees, v. CARLSBAD IRRIGATION DISTRICT, Respondent-Appellant, and Jerry Calvani, et al., Intervenors-Appellants.

Court of Appeals of New Mexico.

January 8, 1998.

Attorney(s) appearing for the Case

Stephen S. Shanor, W.T. Martin, Jr., Law Offices of W.T. Martin, Jr., P.A. Carlsbad, for Petitioners-Appellees.

Beverly J. Singleman, Steven L. Hernandez, Hubert & Hernandez, P.A., Las Cruces, for Respondent-Appellant Carlsbad Irrigation District.

Thomas Marek, Marek & Thomas, Carlsbad, for Intervenors-Appellants Calvani, et al.

OPINION

APODACA, Judge.

1. Carlsbad Irrigation District (the District) and intervening farmers appeal from a peremptory writ of mandamus directing the District's Board of Directors to release water from two reservoirs within the District to supply irrigation water to Brantley Farms (Petitioners) and other members of the District. The District argues that the district court abused its discretion in issuing the peremptory writ and an earlier alternative...

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