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LION'S GATE WATER v. D'ANTONIO

No. 31,279.

226 P.3d 622 (2009)

2009-NMSC-057

LION'S GATE WATER, Plaintiff-Respondent, v. John D'ANTONIO, Jr., State Engineer for the State of New Mexico, Defendant-Petitioner.

Supreme Court of New Mexico.

December 2, 2009.

Attorney(s) appearing for the Case

DL Sanders, Chief Counsel, Jonathan E. Sperber, Special Assistant Attorney General, Office of the State Engineer, Santa Fe, NM, for Petitioner.

Hubert & Hernandez, LLC, Lee E. Peters, Las Cruces, NM, for Respondent.

OPINION

CHÁVEZ, Chief Justice.

{1} This case comes to us through a long and tortuous route, wending its way from the Office of the State Engineer to this Court over the course of more than six years. The present iteration of judicial review arose when the Sixth Judicial District Court entered an interim order on May 29, 2008, finding that Respondent Lion's Gate Water's notice publication "substantially complied" with the statutory requirement...

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