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SUMMIT PROPERTIES v. PNM

No. 24,231.

118 P.3d 716 (2005)

2005-NMCA-090

SUMMIT PROPERTIES, INC., Plaintiff/Appellee/Cross-Appellant, v. PUBLIC SERVICE COMPANY OF NEW MEXICO, formerly doing business as Sangre De Cristo Water Company, and now doing business as PNM Water Services, and City of Santa Fe, a municipality, Defendants/Appellants/Cross-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied July 15, 2005.

Attorney(s) appearing for the Case

Mark L. Ish, Carol J. Ritchie, Felker, Ish, Ritchie & Greer, P.A., Karl H. Sommer, Sommer, Udall and Hardwick, Bruce C. Throne, Santa Fe, for Appellee/Cross-Appellant.

Jerry Wertheim, Jones Snead Wertheim & Wentworth, Santa Fe, Thomas C. Bird, David W. Peterson, Anastasia S. Stevens, Keleher & McLeod, P.A., Albuquerque, for Appellants/Cross-Appellees.

Certiorari Denied, No. 29,260, July 15, 2005.

OPINION

PICKARD, J.

{1} Summit Properties (Summit), a real estate developer, sued the Public Service Company of New Mexico (PNM) and the City of Santa Fe (City) for, among other things, breach of contract and violation of the Unfair Practices Act (UPA). Summit settled its claims against the City. A trial was held on the claims against PNM, which resulted...

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