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DOÑA ANA MUT. DOMESTIC WATER v. PRC

No. 29,242.

139 P.3d 166 (2006)

140 N.M. 6

2006-NMSC-032

DOÑA ANA MUTUAL DOMESTIC WATER CONSUMERS ASSOCIATION, Appellant, v. NEW MEXICO PUBLIC REGULATION COMMISSION, and Moongate Water Co., Inc., Appellees.

Supreme Court of New Mexico.

June 20, 2006.

Attorney(s) appearing for the Case

Hubert & Hernandez P.A., Rachel A. Brown, Las Cruces, NM, for Appellant.

Lee W. Huffman, Santa Fe, NM, Kyle W. Gesswein, Las Cruces, NM, Cuddy, Kennedy, Hetherington, Albetta & Ives, Patricia Salazar Ives, Santa Fe, NM, for Appellees.

OPINION

MINZNER, Justice.

{1} This is a direct appeal under NMSA 1978, Section 62-11-1 (1993), from a Final Order of the New Mexico Public Regulatory Commission (PRC) determining that Moongate Water Company, Inc. (Moongate) has the exclusive right to provide water service in an area east of Interstate 25 (I-25) and north of Las Cruces, and that Doña Ana Mutual Domestic Water Consumers Association (Doña Ana) may not pursue construction...

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