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HURLEY v. VILLAGE OF RUIDOSO

No. 25,572.

131 P.3d 693 (2006)

139 N.M. 306

2006-NMCA-041

Kennith and Edna HURLEY, husband and wife, Plaintiffs-Appellants, v. VILLAGE OF RUIDOSO, a New Mexico Municipality, Defendant-Appellee.

Court of Appeals of New Mexico.

February 27, 2006.

Attorney(s) appearing for the Case

Richard A. Hawthorne, P.A., Richard A. Hawthorne, Ruidoso, NM, for Appellants.

H. John Underwood, Ltd., Zach Cook, Ruidoso, NM, for Appellees.

OPINION

FRY, Judge.

{1} This case presents us with the opportunity to clarify whether municipalities are subject to statutes of limitations. In this declaratory judgment action, Plaintiffs Kennith and Edna Hurley appeal from an order granting summary judgment in favor of the Village of Ruidoso, determining that the Village's claim of lien was not time barred. The district court reasoned that the statutes of limitations could not be pleaded as a defense against...

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