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HIGHWAY & TRANSP. DEPT. v. SUNLAND PARK

No. 19,570.

3 P.3d 128 (2000)

129 N.M. 151

2000-NMCA-44

STATE of New Mexico, ex rel., STATE HIGHWAY AND TRANSPORTATION DEPARTMENT OF NEW MEXICO, Petitioner, v. CITY OF SUNLAND PARK, Respondent-Appellant. Paseo Del Norte Limited Partnership, a New Mexico limited partnership, Petitioner, v. City of Sunland Park, Respondent-Appellant, v. Board of County Commissioners of Doña Ana County, Intervenor-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied May 25, 2000.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, William T. Moyers, Special Assistant Attorney General, Santa Fe, for Petitioner State of New Mexico.

Frank R. Coppler, Nancy E. Nickerson, Paul D. Mannick, Coppler & Mannick, P.C., Santa Fe, for Respondent-Appellant.

Donald M. Salazar, Serina M. Garst, Rubin, Katz, Salazar, Alley & Rouse, P.C., Santa Fe, for Petitioner Paseo del Norte Limited Partnership.

Thomas R. Figart, Doña Ana County Legal Department, Las Cruces, for Intervenor-Appellee.

Certiorari Denied, No. 26,262, May 25, 2000.

OPINION

BUSTAMANTE, Judge.

{1} The City of Sunland Park (the City) appeals the district court's issuance of a permanent injunction ordering the City to either remove or abandon a pipeline it constructed on Doña Ana County (County) land to deliver water to land it sought to annex. The City makes numerous arguments on appeal, which can be roughly summarized as follows: (1) the district court...

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