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STENNIS v. CITY OF SANTA FE

No. 29,997.

176 P.3d 309 (2008)

2008-NMSC-008

Maria T. STENNIS, Plaintiff-Petitioner, v. The CITY OF SANTA FE, Defendant-Respondent.

Supreme Court of New Mexico.

January 22, 2008.

Attorney(s) appearing for the Case

Simons & Slattery, L.L.P., Thomas A. Simons, IV, Faith Lesley Kalman Reyes, Santa Fe, NM, for Petitioner.

Frank D. Katz, City Attorney, Santa Fe, NM, Sutin, Thayer & Browne, P.C., Germaine R. Chappelle, Santa Fe, NM, for Respondent.

D.L. Sanders, Arianne Singer, Santa Fe, NM, for Amicus Curiae Office of the State Engineer.

OPINION

SERNA, Justice.

{1} On motions for rehearing, the opinion filed October 25, 2007, is withdrawn and the following opinion is substituted in its place. The City of Santa Fe's motion for rehearing is otherwise denied. Maria Stennis's motion for rehearing is likewise denied. The Court, after considering the parties' supplemental briefing, decides, as a matter of law, that the Section 3-53-1.1(E) requirement of obtaining a "permit" from the municipality...

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