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OS FARMS v. NEW MEXICO AMERICAN WATER CO.

No. 28,353.

218 P.3d 1269 (2009)

2009-NMCA-113

OS FARMS, INC., a New Mexico corporation, Plaintiff/Petitioner-Appellee, v. NEW MEXICO AMERICAN WATER COMPANY, INC., a New Mexico corporation, and all unknown Claimants of Interest in the premises adverse to Plaintiff, Defendants, and New Mexico Public Regulation Commission, Respondent-Appellant.

Court of Appeals of New Mexico.

August 19, 2009.

Attorney(s) appearing for the Case

J. Edward Hollington & Associates, J. Edward Hollington, Albuquerque, NM, for Appellee.

New Mexico Public Regulation Commission, Robert Hirasuna, General Counsel, David P. Barton, Associate General Counsel, Santa Fe, NM, for Appellant.

OPINION

SUTIN, Judge.

{1} In this action, we determine whether the New Mexico Public Regulation Commission (the Commission) has the jurisdiction to void a public utility's sale of real property when the sale required but did not receive prior approval by the Commission pursuant to NMSA 1978, Section 62-6-12(A)(4) (1989). The district court ruled that the Commission did not have jurisdiction to void the sale transaction and prohibited it from...

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