STATE EX REL. KING v. LYONS

No. 32,197.

248 P.3d 878 (2011)

2011-NMSC-004

STATE of New Mexico ex rel. Gary K. KING, Attorney General of the State of New Mexico, Petitioner, v. Patrick H. LYONS, Commissioner of Public Lands, Respondent.

Supreme Court of New Mexico.

January 24, 2011.


Attorney(s) appearing for the Case

Gary K. King , Attorney General, Seth T. Cohen , Assistant Attorney General, Santa Fe, NM, for Petitioner.

Robert Allen Stranahan, IV , Santa Fe, NM, Peifer, Hanson & Mullins, P.A., Charles R. Peifer , Lauren Keefe , Albuquerque, NM, for Respondent.

Montoya Law, Inc., Dennis William Montoya , Albuquerque, NM, for Amicus Curiae League of United Latin American Citizens.

Modrall, Sperling, Roehl, Harris & Sisk, P.A., Patrick J. Rogers , Nathan T. Nieman , Albuquerque, NM, for Amici Curiae Easter Seals El Mirador and Union Pacific Railroad Company.

Alvin Rey Garcia , Albuquerque, NM, Michael A. Saul Boulder , CO, for Amici Curiae New Mexico Wildlife Federation and National Wildlife Federation.

Rodey, Dickason, Sloan, Akin & Robb, P.A., Edward Ricco , Jocelyn C. Drennan , K. Lee Peifer , Albuquerque, NM, for Amicus Curiae University of New Mexico.

Cuddy & McCarthy, LLP, John F. Kennedy , Santa Fe, NM, for Amicus Curiae New Mexico School for the Blind and Visually Impaired.


OPINION

BOSSON, Justice.

{1} The Attorney General of New Mexico petitions this Court, for a Writ of Mandamus, requiring the New Mexico Commissioner of Public Lands (Land Commissioner) to comply with the New Mexico Enabling Act and the New Mexico Constitution, and thus to cancel or discontinue four separate land exchanges of considerable size and complexity. These exchanges would transfer or have transferred state trust land in the White Peak...

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