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AMETHYST LAND CO., INC. v. TERHUNE

No. 31,165.

304 P.3d 434 (2013)

2013-NMCA-059

AMETHYST LAND CO., INC., a New Mexico corporation, Plaintiff-Appellant, v. James F. TERHUNE and Elizabeth R. Terhune, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted, May 10, 2013, No. 34,083.

Attorney(s) appearing for the Case

O'Friel and Levy, P.C., Aimee S. Bevan , Santa Fe, NM, for Appellant.

Clifford C. Gramer, Jr. , Albuquerque, NM, for Appellees.

OPINION

VANZI, Judge.

{1} Appellant Amethyst Land Co., Inc. (Amethyst) and Appellees James F. Terhune and Elizabeth R. Terhune (the Terhunes) are adjoining property owners in Santa Fe County, New Mexico. For several years, access to the property now owned by Amethyst was provided by a 40-foot, non-exclusive roadway and utility easement located on the land now owned by the Terhunes. In 2001, when the Terhunes purchased their property, a predecessor...

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