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MOONGATE WATER CO. v. CITY OF LAS CRUCES

No. 29,083.

329 P.3d 727 (2014)

2014-NMCA-075

MOONGATE WATER COMPANY, INC., Plaintiff-Appellant, v. CITY OF LAS CRUCES, Defendant-Appellee.

Court of Appeals of New Mexico.

April 17, 2014.

Attorney(s) appearing for the Case

Montgomery & Andrews, P.A., Stephen S. Hamilton , Andrew S. Montgomery , Santa Fe, NM, William A. Walker, Jr., P.C., William A. Walker, Jr. , Las Cruces, NM, for Appellant.

City of Las Cruces, Marcia B. Driggers , Las Cruces, NM, Keleher & McLeod, P.A., Thomas C. Bird , Kurt Wihl , Nathan S. Stimson , Albuquerque, NM, for Appellee.

OPINION

VANZI, Judge.

{1} Moongate Water Company, Inc., (Moongate) appeals the district court's order awarding costs to the City of Las Cruces (the City) as the prevailing party in an inverse condemnation action brought by Moongate. The sole question we must address is whether the Eminent Domain Code (the Code), NMSA 1978, §§ 42A-1-1 to -33 (1980, as amended through 2001), permits costs to be taxed against a property owner who exercises...

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