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TIERRA REALTY TRUST LLC v. VILLAGE OF RUIDOSO

No. 31,190.

296 P.3d 500 (2013)

2013-NMCA-030

TIERRA REALTY TRUST LLC, a New Mexico Limited Liability Company, and all other residential wastewater and sewer customers of the Village of Ruidoso, New Mexico, who are similarly situated, Plaintiffs/Appellants, v. VILLAGE OF RUIDOSO, New Mexico, a New Mexico incorporated municipality, Defendant/Appellee.

Court of Appeals of New Mexico.

January 8, 2013.

Attorney(s) appearing for the Case

Keleher & McLeod, P.A., Kurt Wihl , Richard B. Cole , Christina Muscarella Gooch , Albuquerque, NM, for Appellants.

Atwood, Malone, Turner & Sabin, P.A., Bryan Evans , Carla Neusch Williams , Roswell, NM, for Appellee.

OPINION

HANISEE, Judge.

{1} In this interlocutory appeal, we review the district court's denial of class certification for monetary damages pursuant to Rule 1-023 NMRA. While the district court certified the proposed class of Ruidoso residential sewage and wastewater users for injunctive and declaratory relief under Rule 1-023(B)(2), it barred certification under both Rules 1-023(B)(1)(a) and (B)(3) with respect to monetary damages. We hold...

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