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PRIMETIME v. CITY OF ALBUQUERQUE

No. 25,616.

168 P.3d 1087 (2007)

2007-NMCA-129

PRIMETIME HOSPITALITY, INC., Plaintiff-Appellee, v. The CITY OF ALBUQUERQUE, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted September 25, 2007.

Attorney(s) appearing for the Case

McCary, Wilson & Pryor, Dennis M. McCary, Sutin, Thayer & Browne, Kerry Kiernan, Albuquerque, NM, for Appellee.

City of Albuquerque, Robert M. White, City Attorney, Mark Hirsch, Deputy City Attorney, Robert Waldman, Assistant City Attorney, Peter Auh, Assistant City Attorney, Albuquerque, NM, for Appellant.

Certiorari Granted, No. 30,543, September 25, 2007.

OPINION

BUSTAMANTE, Judge.

{1} This inverse condemnation case presents an issue of first impression in New Mexico: What is the proper measure of damages for a temporary, but total, physical taking of a commercial property in the early stages of construction? Following a bench trial the district court awarded Plaintiff Primetime Hospitality, Inc. (Primetime), $456,242 for lost profits...

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