EDWIN SMITH, L.L.C. v. SYNERGY OPERATING

No. 32,707.

285 P.3d 656 (2012)

2012-NMSC-034

EDWIN SMITH, L.L.C., and Jerry Walmsley, Plaintiffs-Respondents, v. SYNERGY OPERATING, L.L.C., Annemarie Keller, Charla Varner, Jodi Yates-Simon, Kimberly Brautigam, Robert E. Kouns, Therolyn Williams, Kristi Clark, F. Kevin Kurtz, and F. Norman Kurtz, Defendants-Petitioners.

Supreme Court of New Mexico.

August 24, 2012.


Attorney(s) appearing for the Case

Holland & Hart, L.L.P., Larry J. Montaño , Santa Fe, NM, Dixon, Scholl & Bailey, P.A., Gerald George Dixon , Spring V. Schofield , Albuquerque, NM, Finch & Olson, P.A., Kyle Michael Finch , Farmington, NM, for Petitioners.

Sutin, Thayer & Browne, P.C., Sarita Nair , Kerry C. Kiernan , Timothy J. Atler , Albuquerque, NM, for Respondents.


OPINION

SERNA, Justice.

{1} "There is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property." 2 William Blackstone, Commentaries on the Laws of England 2 (Univ. of Chicago Press ed. 1979) (1766). The property that has captured the affections of the litigants in this case is a parcel of land located in San Juan County with productive oil and gas wells thereon. While ownership...

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