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MANNING v. ENERGY, MINERALS

No. 28,500.

144 P.3d 87 (2006)

2006-NMSC-027

Edwina MANNING and Kimberly Dutton, Personal Representatives of the Estate of Richard Manning, individually, and as community property owners, and d/b/a Challenge Mining Company, Plaintiffs-Petitioners, v. MINING AND MINERALS DIVISION OF THE ENERGY, MINERALS, AND NATURAL RESOURCES DEPARTMENT of the State of New Mexico and New Mexico Environment Department, Defendants-Respondents.

Supreme Court of New Mexico.

Corrected June 29, 2006.

Attorney(s) appearing for the Case

Domenici Law Firm, P.C., Pete V. Domenici, Jr., Lorraine Hollingsworth, Albuquerque, NM, for Petitioners.

Gallagher & Kennedy, P.A., Anthony J. Trujillo, Santa Fe, NM, Walz & Associates, Jerry A. Walz, Cedar Crest, NM, for Respondents.

Robert M. Fiser, Albuquerque, NM, J. David Breemer, James S. Burling, Sacramento, CA, for Amicus Curiae Pacific Legal Foundation.

OPINION

BOSSON, Chief Justice.

{1} Plaintiffs, owners of a mining property in southwestern New Mexico, claim their land interest has been effectively "taken" from them through application of state mining regulations without the payment of just compensation. They also argue that the State has impaired their contractual obligations in violation of the Contracts Clause. The Court of Appeals held that Plaintiffs' compensatory claims against two state regulatory...

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