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CITY OF ALBUQUERQUE v. SMP PROPERTIES, LLC.

No. A-1-CA-35261.

433 P.3d 336 (2018)

2019-NMCA-004

CITY OF ALBUQUERQUE A municipal corporation, Petitioner-Appellee, v. SMP PROPERTIES, LLC. and R. Michael Pack, Respondents-Appellants, and Modern Woodmen of America; SAIA Motor Freight Line, LLC; United Parcel Service, Inc.; County of Bernalillo; Taxation and Revenue Department for the State of New Mexico and any and all unknown claimants for the property involved, Respondents.

Court of Appeals of New Mexico.

Certiorari Granted, December 3, 2018, No. S-1-SC-37343.

Attorney(s) appearing for the Case

Esteban A. Aguilar , City Attorney, Kevin A. Morrow , Assistant City Attorney, William W. Zarr , Assistant City Attorney, Albuquerque, NM, for Appellee.

Dubois, Cooksey & Bischoff, P.A., William J. Cooksey , George A. Dubois , Albuquerque, NM, for Appellants.

OPINION

{1} This is a condemnation case brought by the City of Albuquerque (City) to acquire a thirty-foot wide strip of land to build a road on property operated as a freight truck terminal by tenants. The issues are (1) whether lease payments from a tenant may be considered in computing just compensation when...

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