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McGARRY v. SCOTT

No. 27,294.

72 P.3d 608 (2003)

134 N.M. 32

2003-NMSC-016

Michael A. McGARRY, as trustee of the Christine Kurtz McGarry Trust, the Living Trust of Mary Margaret Frebies, and the Michael A. McGarry Living Trust, Plaintiff-Respondent, v. Fred J. SCOTT, Steve R. Barela, James H. Meisner, William R. Dawson, Jr., Clara B. Chicharello, Board of County Commissioners of the County of Cibola, New Mexico, et al., Defendants-Petitioners.

Supreme Court of New Mexico.

June 16, 2003.

Attorney(s) appearing for the Case

Daniel J. Macke, Kevin M. Brown, Albuquerque, NM, for Petitioners.

William G. Stripp, Ramah, NM, for Respondent.

OPINION

SERNA, Justice.

{1} Plaintiff-Respondent Michael McGarry is the trustee for lots held in three living trusts for property in the Timberlake subdivision in McKinley and Cibola counties. Plaintiff sued Defendants-Petitioners McKinley and Cibola counties, among others, to compel road maintenance. This Court granted certiorari to determine whether the New Mexico Subdivision Act, NMSA 1978, §§ 47-6-1 to -29 (1973, as amended through 1999...

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