UNIV. OF POLICE OFF. ASS'N v. UNIV. OF NM

No. 28,559.

120 P.3d 442 (2005)

138 N.M. 360

2005-NMSC-030

UNIVERSITY OF NEW MEXICO POLICE OFFICER'S ASSOCIATION, Plaintiff-Respondent, v. The UNIVERSITY OF NEW MEXICO and The University of New Mexico Police Department, Defendants-Petitioners.

Supreme Court of New Mexico.

August 16, 2005.


Attorney(s) appearing for the Case

Charles N. Estes, Jr., Rodey, Dickason, Sloan, Akin & Robb, P.A., Edward Ricco, Albuquerque, for Petitioners.

Sanchez, Mowrer & Desiderio, P.C., Frederick M. Mowrer, Albuquerque, for Respondent.


OPINION

BOSSON, Chief Justice.

{1} We decide whether NMSA 1978, Section 37-1-23(A) (1976), granting governmental immunity from contract actions not based upon a "valid written contract," allows an ambiguous term of a written collective bargaining agreement, in this instance wages, to be defined by oral representations extrinsic to the contract. The district court and the Court of Appeals, the latter with each panel member writing separately, concluded that...

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