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PRIMETIME HOSPITALITY, INC. v. ALBUQUERQUE

No. 30,543.

206 P.3d 112 (2009)

2009-NMSC-011

PRIMETIME HOSPITALITY, INC., Plaintiff-Petitioner, v. CITY OF ALBUQUERQUE, Defendant-Respondent.

Supreme Court of New Mexico.

Rehearing Denied March 30, 2009.

Attorney(s) appearing for the Case

Sutin, Thayer & Browne, P.C., Kerry Kiernan, Dennis M. McCary, P.C., Dennis M. McCary, Albuquerque, NM, for Petitioner.

Office of the City Attorney, Robert M. White, Peter S. Auh, Mark Hirsch, Robert Waldman, Albuquerque, NM, for Respondent.

OPINION

CHÁVEZ, Chief Justice.

{1} Primetime Hospitality, Inc. (Primetime) had begun constructing a hotel on its Albuquerque property when it accidentally ruptured an encroaching City of Albuquerque (the City) waterline, causing it to incur excess construction costs and delaying the hotel's opening. The City stipulated to liability for inverse condemnation, admitting that it deprived Primetime of all use and enjoyment of its property for...

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