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HENDERSON v. CITY OF TUCUMCARI

No. 24,660.

114 P.3d 389 (2005)

137 N.M. 709

2005-NMCA-077

Walter S. HENDERSON, Jr. and Bertha L. Henderson, Husband and Wife, Plaintiffs-Appellants, v. CITY OF TUCUMCARI, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied June 6, 2005.

Attorney(s) appearing for the Case

Walter S. Henderson, Jr., Tucumcari, Pro Se Appellants.

Emily A. Franke, Carlos G. Martinez, Butt Thornton & Baehr, PC, Albuquerque, for Appellee.

Certiorari Denied, No. 29,217, June 6, 2005.

OPINION

WECHSLER, J.

{1} In this appeal, we address NMSA 1978, § 3-18-5 (1977), which allows municipalities to deal with ruins, rubbish, wreckage or debris, by requiring the owner to clean up the property. Under the statute, if the owner fails to ameliorate any problem, the municipality may do so and obtain a lien against the property. See § 3-18-5(F)(3). The City of Tucumcari was...

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