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PERCHA CREEK MIN., LLC, v. FUST

No. 27,655.

189 P.3d 702 (2008)

2008-NMCA-100

PERCHA CREEK MINING, LLC, a New Mexico Limited Liability Company, Plaintiff-Appellant, v. N. Peter FUST, Catherine Wanek, and Thomas Eastburn, as Trustee of the Dorothy S. Eastburn Revocable Intervivos Trust, Defendants-Appellees.

Court of Appeals of New Mexico.

June 18, 2008.

Attorney(s) appearing for the Case

Jaime F. Rubin, LLC, Jaime F. Rubin, Truth or Consequences, NM, for Appellant.

Modrall Sperling Roehl Harris & Sisk, P.A., Stan N. Harris, Paul T. Halajian, Albuquerque, NM, for Appellees.

OPINION

KENNEDY, Judge.

{1} Plaintiff filed this declaratory judgment action seeking to have County Road B082 declared a public road. Plaintiff appeals an order dismissing its case with prejudice for failure to join an indispensable party. The court held that Sierra County (the County) was an indispensable party because, among other reasons, the declaration sought by Plaintiff would impose obligations upon the County to maintain the road. Plaintiff...

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