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CAGAN v. VILLAGE OF ANGEL FIRE

No. 24,142.

113 P.3d 393 (2005)

137 N.M. 570

2005-NMCA-059

Carol Platt CAGAN, J.D. Wolf, and Lobo Land, LLC, a New Mexico Limited Liability Company, Plaintiffs-Appellants, v. VILLAGE OF ANGEL FIRE, A.L. "Bubba" Clanton, individually and in his capacity as Mayor of the Village, and Don Lusk, individually and in his capacity as Village Administrator, Defendants-Appellees.

Court of Appeals of New Mexico.

April 14, 2005.

Attorney(s) appearing for the Case

Linda G. Hemphill, Stephanie A. Fuchs, Linda G. Hemphill, P.C., Santa Fe, NM, for Appellants.

James P. Sullivan, Gianna M. Mendoza, Sullivan Law Firm, P.A., Santa Fe, NM, for Appellees.

OPINION

KENNEDY, Judge.

{1} Carol Platt Cagan, J.D. Wolf, and Lobo Land (Plaintiffs), filed two cases against the Village of Angel Fire and its officials (referred to collectively as the Village).1 The first case (Case I) was dismissed with prejudice for failure to prosecute. While the dismissal of Case I was pending, Plaintiffs filed a second case (Case II) that included claims similar to those in Case I. The district...

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