1. Home
  2. Browse Decisions
  3. P.3d
  4. 269 P.3d
  5. 269 P.3d 1 (2011)
 

MOONGATE WATER CO. v. CITY OF LAS CRUCES

No. 27,889.

269 P.3d 1 (2011)

2012-NMCA-003

MOONGATE WATER COMPANY, INC., a New Mexico public utility, Plaintiff-Appellant/Cross-Appellee, v. CITY OF LAS CRUCES, Defendant-Appellee/Cross-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted, January 9, 2012, No. 33,182.

Attorney(s) appearing for the Case

Kyle W. Gesswein , William A. Walker, Jr. , Las Cruces, NM, for Appellant.

Keleher & McLeod, P.A., Spencer Reid , Thomas C. Bird , Kurt Wihl , S. Charles Archuleta , Albuquerque, NM, City of Las Cruces, Marcia B. Driggers , Assistant City Attorney, Las Cruces, NM, for Appellee.

OPINION

GARCIA, Judge.

{1} This appeal requires us to consider whether a certificate of public convenience and necessity (CCN) issued by the Public Regulatory Commission (PRC) grants a public utility exclusive service rights against a municipality with a population less than or equal to two hundred thousand people. The district court granted summary judgment against the City of Las Cruces (the City) and found that the City's expansion into the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases