Peter SMITH, Barbara Smith, deceased, Patricia Stillman Trust and Guy Stillman Trust, and GWP Investments, Inc., a New Mexico corporation, Plaintiffs-Petitioners,
v.
CITY OF SANTA FE, a Municipal Corporation, Defendant-Respondent.
Supreme Court of New Mexico.https://leagle.com/images/logo.png
September 28, 2007.
September 28, 2007.
Attorney(s) appearing for the Case
Karl H. Sommer & Associates, P.A., Karl H. Sommer, Santa Fe, NM, for Petitioners.
Office of the City Attorney, Frank D. Katz, Bruce Thompson, A. Kyle Harwood, Sutin, Thayer & Browne, P.C., Germaine R. Chappelle, Santa Fe, NM, for Respondents.
Office of the State Engineer, D.L. Sanders, Arianne Singer, Santa Fe, NM, Simons & Slattery, L.L.P., Thomas A. Simons, IV, Daniel H. Friedman, Faith Lesley Kalman Reyes, Santa Fe, NM, for Amicus Curiae State Engineer.
Supreme Court of New Mexico.
OPINION
MAES, Justice.
{1} In this case we must determine whether a declaratory judgment action is an appropriate method for challenging a municipality's authority to deny permits to drill domestic water wells on private property within the municipality. For the reasons that follow, we conclude that a declaratory judgment action may be used to challenge a municipality's authority to regulate the drilling of wells within city limits, provided...
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