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YARGER v. TIMBERON WATER & SANITATION DIST.

No. 22,462.

46 P.3d 1270 (2002)

132 N.M. 270

2002-NMCA-055

Ron and Jean YARGER, Plaintiffs-Appellants, v. TIMBERON WATER AND SANITATION DISTRICT, Defendant-Appellee.

Court of Appeals of New Mexico.

April 4, 2002.

Attorney(s) appearing for the Case

Charles W. Durrett, Durrett & Durrett, Alamogordo, NM, for Appellants.

Leonard J. Piazza, Regina R. Sewell, Jared Abrams, Sandenaw, Carrillo & Piazza, P.C., Las Cruces, NM, for Appellee.

OPINION

KENNEDY, Judge.

{1} Ron and Jean Yarger (Plaintiffs) sued for a declaratory judgment concerning the authority of Timberon Water and Sanitation District (TWSD) to own and operate an airfield in Otero County. This occurred after TWSD sought to enter on Plaintiffs' land to clear an object-free zone that is mandated by Federal Aviation Administration (FAA) regulations to exist around the runway. In addition, Plaintiffs sought to have an amended...

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