PROV. GOV. OF SANTA TERESA v. DOÑA ANA CTY

No. A-1-CA-35927.

429 P.3d 981 (2018)

2018-NMCA-070

PROVISIONAL GOVERNMENT OF SANTA TERESA and Mary Gonzalez, Plaintiffs-Petitioners, v. DOÑA ANA COUNTY BOARD OF COUNTY COMMISSIONERS, Defendant-Respondent, and City of Sunland Park, Intervenor.

Court of Appeals of New Mexico.

Certiorari Granted, October 19, 2018, No. S-1-SC-37273.


Attorney(s) appearing for the Case

Robles, Rael & Anaya, P.C., Robert M. White , Randy M. Autio , Lance D. Hough , Albuquerque, NM, for Petitioners.

Doña Ana County Attorney's Office, Thomas R. Figart , Nelson J. Goodin , Las Cruces, NM, for Respondent.

Holt Mynatt Martínez P.C., Bradley A. Springer , Casey B. Fitch , Las Cruces, NM, for Intervenor.


OPINION

{1} In this appeal we are called upon to consider the counterintuitive proposition that, under New Mexico law, residents of territory who wish to incorporate the territory as a new municipality in order to avoid being annexed by an existing neighboring municipality must first petition the existing...

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