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TAOS MUN. SCHOOLS CHARTER SCHOOL v. DAVIS

No. 23,940.

102 P.3d 102 (2004)

136 N.M. 543

2004-NMCA-129

TAOS MUNICIPAL SCHOOLS CHARTER SCHOOL, Plaintiff-Appellee/Cross-Appellant, v. Michael J. DAVIS, New Mexico State Superintendent of Public Instruction, in his official capacity, Defendant-Appellant/Cross-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied October 25, 2004.

Attorney(s) appearing for the Case

Ronald J. VanAmberg, Roth, VanAmberg, Rogers, Ortiz, Fairbanks & Yepa, L.L.P., Santa Fe, NM, Robert J. Malone, Taos, NM, for Appellee/Cross-Appellant.

Patricia A. Madrid, Attorney General, David A. Stevens, Assistant Attorney General, Santa Fe, NM, for Appellant/Cross-Appellee.

Certiorari Denied, No. 28,904, October 25, 2004.

OPINION

PICKARD, Judge.

{1} Taos Municipal Schools Charter School (TCS), which consists of two facilities located ten miles apart, each housing different grades of students, sought classification as two "public schools" so that it could secure additional funds that the State Department of Public Education (the State) offers to small schools. The State decided not to classify TCS as two "public...

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