CARANGELO v. ALBUQUERQUE-BERNALILLO COUNTY WATER

No. 26,757.

320 P.3d 492 (2013)

2014-NMCA-032

John CARANGELO, Assessment Payers Association of the Middle Rio Grande Conservancy District, Amigos Bravos, and Rio Grande Restoration, Protestants-Appellants, v. ALBUQUERQUE-BERNALILLO COUNTY WATER UTILITY AUTHORITY, Applicant-Appellee, and New Mexico State Engineer, John R. D'Antonio, Jr., Respondent-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied, No. 34,475, February 3, 2014.


Attorney(s) appearing for the Case

Peter Thomas White , Santa Fe, NM, Humphrey & Odé, P.C., Mary E. Humphrey , El Prado, NM, for Appellants.

Office of the State Engineer, Sanders, Chief Counsel, Hillary Lamberton , Special Assistant Attorney General, Santa Fe, NM, for Appellee John R. D'Antonio, Jr., New Mexico State Engineer.

Stein & Brockmann, P.A., Jay F. Stein , James C. Brockmann , Santa Fe, NM, Katherine W. Hall, PC, Katherine W. Hall , Santa Fe, NM, Office of the City Attorney, Michael I. Garcia , Assistant City Attorney, Albuquerque, NM, for Appellee Albuquerque Bernalillo County Water Utility Authority.


OPINION

KENNEDY, Chief Judge.

{1} This case came before the Court on Appellants' (Protestants) motion for rehearing. Both Appellees filed a response to the motion. Due consideration of the motion having been had by the panel, we conclude that the motion is hereby granted. The Opinion previously filed in this matter on November 28, 2011, is hereby withdrawn, and this Opinion issued in its place.

{2} As to the merits in this...

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