WAGGONER v. TOWN OF MESILLA

No. 29,376.

252 P.3d 820 (2011)

2011-NMCA-041

Barbara WAGGONER, Floyd Eugene Waggoner, James H. Tooley, Angela Tooley, James Poe, Nova Poe, Gregory E. Johnson, Patricia Johnson, Johnathon Boldt, Sita Boldt, Dennis Muncrief, Marilyn Muncrief, Tony Smith, Glen Wilkins, Cherie Black, James Baugh, Mary Baugh, James R. Dickerson, Mick Vaskov, Lynda Vaskov, Aldon Pierce, Carmen Pierce, Robert H. Thune, Janet Thune, Joseph Lee, June Lee, and Charles M. Andrews, Plaintiffs-Appellants, v. The TOWN OF MESILLA, New Mexico; The Board of Trustees of the Town of Mesilla, New Mexico; and Michael Cadena, Mayor of the Town of Mesilla, New Mexico, Defendants-Appellees.

Court of Appeals of New Mexico.

March 21, 2011.


Attorney(s) appearing for the Case

Sutin, Thayer & Browne, P.C., Kerry Kiernan , Albuquerque, NM, Scott Hulse, PC, Robert R. Feuille , El Paso, TX, for Appellants.

Cervantes Law Firm, P.C., K. Joseph Cervantes , Las Cruces, NM, K. Helen Bennett , Albuquerque, NM, for Appellees.


OPINION

CASTILLO, Chief Judge.

{1} In this case, we examine whether an annexation by the petition method was carried out in accord with the procedural requirements of NMSA 1978, Section 3-7-17.1 (2003). We hold that it was not and conclude that the annexation was invalid.

I. BACKGROUND

{2} In 2007, a number of individuals owning property contiguous to the boundaries of the Town of Mesilla (Mesilla) approached the...

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