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SMITH v. CITY OF SANTA FE

No. 24,801.

133 P.3d 866 (2006)

139 N.M. 410

2006-NMCA-048

Peter SMITH, Barbara Smith, Patricia Stillman Trust, Guy Stillman Trust, and GWP Investments, INC., a New Mexico Corporation, Plaintiffs-Appellees, v. CITY OF SANTA FE, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted, No. 29,712, April 28, 2006.

Corrected May 10, 2006.

Attorney(s) appearing for the Case

Sommer, Udall, Hardwick, Ahern & Hyatt, L.L.P., Karl H. Sommer, Santa Fe, NM, for Appellees.

Sutin, Thayer & Browne, P.C., Germaine R. Chappelle, Santa Fe, NM, for Appellant.

OPINION

CASTILLO, Judge.

{1} This case presents us with procedural and substantive issues regarding the validity of a 1999 Santa Fe ordinance as it relates to the drilling of domestic wells within the city limits. On cross-motions for summary judgment, the district court determined, as a matter of law, that the City of Santa Fe (City) did not have the authority to prohibit the drilling of wells within the city's corporate limits. We hold that the City did...

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