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MANNING v. MMD

No. 23,396.

90 P.3d 506 (2004)

135 N.M. 487

2004-NMCA-052

Richard C. MANNING and Edwina Manning, Individually and as community property owners and d/b/a Challenge Mining Company, Plaintiffs-Appellants, v. MINING AND MINERALS DIVISION OF THE ENERGY, MINERALS, AND NATURAL RESOURCES DEPARTMENT OF THE STATE OF NEW MEXICO and New Mexico Environment Department, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted May 11, 2004.

Attorney(s) appearing for the Case

Pete V. Domenici, Jr., Lorraine Hollingsworth, Dolan & Domenici, P.C., Albuquerque, NM, for Appellants.

Jerry A. Walz, Robert A. Bitterlich, Walz and Associates, Cedar Crest, NM, for Appellees.

Certiorari Granted, No. 28,500, May 11, 2004.

OPINION

ALARID, Judge.

{1} This case turns upon the State's sovereign immunity. We hold that Plaintiffs' federal constitutional claims asserted against two State agencies are barred by New Mexico's sovereign immunity.

BACKGROUND

{2} Plaintiffs-Appellants, Richard C. and Edwina Manning d/b/a Challenge Mining Company (Plaintiffs), filed a second amended complaint asserting federal...

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