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CITY OF SUNLAND PARK v. HARRIS NEWS, INC.

No. 23,593.

124 P.3d 566 (2005)

138 N.M. 588

2005-NMCA-128

CITY OF SUNLAND PARK, Plaintiff-Appellee, v. HARRIS NEWS, INC., Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted November 14, 2005.

Attorney(s) appearing for the Case

Mark C. Dow, Molly B. McIntosh, Darci A. Carroll, Bauman, Dow, McIntosh & León, P.C., Albuquerque, NM, for Appellee.

Stephen G. Peters, Mike Milligan, El Paso, TX, for Appellant.

Certiorari Granted, No. 29,437, November 14, 2005.

OPINION

KENNEDY, Judge.

{1} Defendant Harris News, Inc. (the Bookstore) appeals a district court order holding that it breached a settlement agreement (the Agreement) and engaged in statutory and common law nuisance, ordering the Bookstore to remove its truck sign and to cease operating an adult bookstore in its current location. The court further imposed a statutory penalty, and awarded damages...

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