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MORIARTY BD. OF EDUC. v. THUNDER MTN. WATER

No. 30,020.

161 P.3d 869 (2007)

2007-NMSC-031

BOARD OF EDUCATION, MORIARTY MUNICIPAL SCHOOL DISTRICT, Plaintiff-Petitioner, v. THUNDER MOUNTAIN WATER COMPANY, a public water utility, Defendant-Respondent.

Supreme Court of New Mexico.

June 1, 2007.

Attorney(s) appearing for the Case

Cuddy, Kennedy, Albetta & Ives, L.L.P., Frank J. Albetta, Melissa Wurtzel O'Shea, Santa Fe, NM, for Petitioner.

Keleher & McLeod, P.A., Richard B. Cole, Albuquerque, NM, for Respondent.

OPINION

MINZNER, Justice.

{1} Petitioner Board of Education, Moriarty Municipal School District (School District) appeals from an opinion of the Court of Appeals, which affirmed the district court's decision that the School District must pay Respondent Thunder Mountain Water Company (Thunder Mountain) the fair market value of its property in a condemnation action and that deducting the amount of a "contribution in aid of construction" (CIAC) from the condemnation...

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