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CITY OF RIO RANCHO v. AMREP SOUTHWEST INC.

Nos. 32,486, 32,489.

260 P.3d 414 (2011)

2011-NMSC-037

CITY OF RIO RANCHO, Plaintiff-Respondent, v. AMREP SOUTHWEST INC., Defendant-Petitioner. City of Rio Rancho, Plaintiff-Respondent and Cross-Petitioner, v. Cloudview Estates, LLC, Defendant-Petitioner and Cross-Respondent.

Supreme Court of New Mexico.

August 22, 2011.

Attorney(s) appearing for the Case

Lastrapes, Spangler & Pacheco, P.A., Matthew M. Spangler , Jenica J. Jacobi , Rio Rancho, NM, for Petitioner.

Montgomery & Andrews, P.A., Randy S. Bartell , Sharon T. Shaheen , Santa Fe, NM, for Respondent/Respondent and Cross-Petitioner.

Foster, Rieder & Jackson, P.C., J. Douglas Foster , Travis G. Jackson , Albuquerque, NM, for Petitioner and Cross-Respondent.

Dave Thomas & Associates, P.C., David H. Thomas III , Albuquerque, NM, R.S. Radford , Sacramento, CA, for Amicus Curiae Pacific Legal Foundation.

OPINION

CHÁVEZ, Justice.

{1} In 1985, at the behest of the City of Rio Rancho, Amrep Southwest Inc. recorded a plat for the Vista Hills West Unit 1 (VHWU1) subdivision, granting the City a drainage easement over ten acres identified as Parcel F. In 2004, Amrep sold Parcel F to the Mares group in fee simple, subject to the drainage easement. Mares in turn sold it to Cloudview Estates in fee simple, subject to the same recorded drainage easement. Cloudview...

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