SAN JUAN AGRIC. WATER USERS v. KNME-TV

No. 28,473.

227 P.3d 612 (2009)

2010-NMCA-012

SAN JUAN AGRICULTURAL WATER USERS ASSOCIATION, Electors Concerned About Animas Water, and Steve Cone, Plaintiffs-Appellants, v. KNME-TV, Board Of Education of the Albuquerque Public Schools, Regents of the University of New Mexico, John D'Antonio, New Mexico State Engineer, Office of the New Mexico State Engineer, New Mexico Interstate Stream Commission, and Office of the Governor Of New Mexico, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted, No. 32,139, January 25, 2010.


Attorney(s) appearing for the Case

Victor R. Marshall & Associates, P.C., Victor R. Marshall, Albuquerque, NM, for Appellants.

Long, Pound & Komer, P.A., Mark T. Baker, Santa Fe, NM, for Appellees.

Peifer, Hanson & Mullins, P.A., Charles R. Peifer, Matthew R. Hoyt, Elizabeth K. Radosevich, Albuquerque, NM, for Amicus Curiae N.M. Foundation for Open Government.


OPINION

SUTIN, Judge.

{1} The primary issue in this appeal is whether an undisclosed principal has standing to enforce New Mexico's inspection of public records statute when that principal's agent made the inspection request. As discussed in more detail later in this opinion, we hold that the undisclosed principal does not have standing. Others who also seek to enforce the statute, but who never requested inspection, also lack standing.

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