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TRI-STATE GENERATION & TRANSMISSION v. KING

No. 27,887.

78 P.3d 1226 (2003)

134 N.M. 467

2003-NMSC-029

TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC., Applicant-Appellant, v. Sharon Ann KING, et al., Respondents-Appellees.

Supreme Court of New Mexico.

October 10, 2003.

Attorney(s) appearing for the Case

Cuddy, Kennedy, Hetherington, Albetta & Ives, L.L.P., Charlotte H. Hetherington, Santa Fe, NM, Rothgerber, Johnson & Lyons, L.L.P., Charles Goldberg, Glen A. Burbridge, Thomas J. Dougherty, II, Denver, CO, for Appellant.

Gallegos Law Firm, J.E. Gallegos, David Sandoval, Santa Fe, NM, for Appellees.

OPINION

MAES, Chief Justice.

{1} Appellant Tri-State Generation and Transmission Association, Inc. (Tri-State) sought court orders allowing it to enter and survey land owned by Appellees. Tri-State plans to condemn the land, if suitable, in order to build a new electrical transmission line. The district court concluded that the New Mexico Public Regulatory Commission (PRC) has exclusive jurisdiction over Tri-State and therefore dismissed both applications...

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