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MORIARTY MUN. SCHOOL DIST. v. THUNDER MTN.

No. 26,031.

145 P.3d 92 (2006)

2006-NMCA-135

Board of Education, MORIARTY MUNICIPAL SCHOOL DISTRICT, Petitioner-Appellant, v. THUNDER MOUNTAIN WATER COMPANY, A Public Water Utility, Respondent-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted October 19, 2006.

Attorney(s) appearing for the Case

Cuddy, Kennedy, Albetta & Ives, LLP, Joseph Van R. Clarke, Santa Fe, NM, for Appellant.

Law & Resource Planning Associates, Richard B. Cole, Albuquerque, NM, for Appellee.

Certiorari Granted, No. 30,020, October 19, 2006.

OPINION

VIGIL, Judge.

{1} This is a condemnation action filed by the Board of Education, Moriarty Municipal School District (School District) against Thunder Mountain Water Company (Thunder Mountain). As a public utility customer of Thunder Mountain, the School District was charged and paid a fee for installation of a water line extension to one of its schools as a "contribution in aid...

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