MOONGATE WATER CO. v. CITY OF LAS CRUCES

No. 33,182.

302 P.3d 405 (2013)

2013-NMSC-018

MOONGATE WATER COMPANY, INC., a New Mexico Public Utility, Plaintiff-Petitioner, v. CITY OF LAS CRUCES, Defendant-Respondent.

Supreme Court of New Mexico.

May 9, 2013.


Attorney(s) appearing for the Case

Tucker Law Firm, P.C., Steven L. Tucker , Santa Fe, NM, William A. Walker, Jr., P.C., William A. Walker, Jr. , Las Cruces, NM, for Petitioner.

Keleher & McLeod, P.A., W. Spencer Reid , Thomas C. Bird , Kurt Wihl , S. Charles Archuleta , Albuquerque, NM, Marcia B. Driggers , Las Cruces, NM, for Respondent.


OPINION

CHÁVEZ, Justice.

{1} The Public Regulation Commission (PRC) issued Moongate Water Company (Moongate) a certificate of public convenience and necessity (CCN) authorizing Moongate, as a public utility, to provide water to an area located outside the city limits of Las Cruces, New Mexico, which we shall label the "certificated area." Las Cruces later annexed three undeveloped tracts of land within Moongate's certificated area, and...

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