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CITY OF ARTESIA v. PUBLIC EMPLOYEES

No. 32,355.

316 P.3d 188 (2013)

2014-NMCA-009

CITY OF ARTESIA and Donald N. Raley, Plaintiffs-Appellees, v. PUBLIC EMPLOYEES RETIREMENT ASSOCIATION OF NEW MEXICO, Defendant-Appellant.

Court of Appeals of New Mexico.

September 16, 2013.

Attorney(s) appearing for the Case

Robles, Rael & Anaya, P.C. Marcus J. Rael, Jr., Esq.   Adam H. Greenwoood, Esq.   Vanessa R. Chavez, Esq. Albuquerque, NM, for Appellees.

Public Employees Retirement Association Susan G. Pittard , General Counsel Christopher Bulman , Assistant General Counsel Santa Fe, NM, for Appellant.

OPINION

WECHSLER, Judge.

{1} The City of Artesia (the City) and its Chief of Police Donald Raley (Raley) (Plaintiffs) filed an action for injunctive relief, writ of mandamus, and declaratory judgment to prevent the Public Employees Retirement Association of New Mexico (PERA) from suspending Raley's pension after the March 2012 municipal election in Artesia. When Raley was appointed to this position, NMSA 1978, Section 10-11-8(D) (2004) (amended...

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