SUNNYLAND FARMS v. CENTRAL N.M. ELEC. CO-OP

No. 32,968.

301 P.3d 387 (2013)

2013-NMSC-017

SUNNYLAND FARMS, INC., Plaintiff-Petitioner, v. CENTRAL NEW MEXICO ELECTRIC COOPERATIVE, INC., Defendant-Respondent.

Supreme Court of New Mexico.

April 18, 2013.


Attorney(s) appearing for the Case

Freedman Boyd Hollander & Goldberg, P.A., Joseph Goldberg , Michael Lee Goldberg , The Walter K. Martinez Law Office, Kevin Martinez , Albuquerque, NM, Walter Kenneth Martinez, Jr. , Grants, NM, for Petitioner.

Sparks, Willson, Borges, Brandt & Johnson, P.C., Gregory V. Pelton , Colorado Springs, CO, Montgomery & Andrews, P.A., Stephen S. Hamilton , Jaime R. Kennedy , Santa Fe, NM, for Respondent.


OPINION

CHÁVEZ, Justice.

{1} This case comes before us because of a fire that destroyed a hydroponic tomato facility belonging to a new business, Sunnyland Farms, Inc. (Sunnyland). The day before the fire, Sunnyland's electricity had been shut off by its local utility, the Central New Mexico Electrical Cooperative (CNMEC), for nonpayment. Sunnyland's water pumps were powered by electricity, and without power, Sunnyland's facility had no...

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