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AMKCO, LTD., CO. v. WELBORN

No. 25,820.

21 P.3d 24 (2001)

130 N.M. 155

2001-NMSC-012

AMKCO, LTD., CO., a New Mexico limited liability company, Keeling Petroleum, Inc., a New Mexico corporation, and Keeling Distributing, Inc., a New Mexico corporation, Plaintiffs-Petitioners, v. Mickey D. WELBORN, a single man, Defendant-Respondent.

Supreme Court of New Mexico.

March 22, 2001.

Attorney(s) appearing for the Case

Shoobridge Law Firm, P.C., William G.W. Shoobridge, Hobbs, NM, for Petitioners.

Templeman & Crutchfield, James E. Templeman, Lovington, NM, for Respondent.

OPINION

FRANCHINI, Justice.

{1} Petitioners Amkco, Ltd., Keeling Petroleum, Inc., and Keeling Distributing, Inc., appeal from a Court of Appeals' opinion requiring Petitioners to remove a portion of a gas station that was constructed on a fifty-eight foot strip of land belonging to Respondent Welborn. In so doing, the Court of Appeals reversed the trial court's application of the relative hardship doctrine. We now reverse the Court of Appeals and remand...

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