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GAUME v. NEW MEXICO INTERSTATE STREAM COM'N

No. A-1-CA-36038.

450 P.3d 476 (2019)

2019-NMCA-064

Norman GAUME, Plaintiff-Appellant, v. The NEW MEXICO INTERSTATE STREAM COMMISSION, Jim Dunlap, in his official capacity as Chairman of the Commission, the Gila Subcommittee of the New Mexico Interstate Stream Commission, Buford Harris, in his official capacity as Chairman of the Gila Subcommittee of the Commission, Amy Haas, in her official capacity as Acting Director of the Commissions, Scott Verhines, in his official capacity as New Mexico State Engineer and Secretary of the Commission, Defendants-Appellees.

Court of Appeals of New Mexico.

Filing Date: July 31, 2019.

Attorney(s) appearing for the Case

Daniel Yohalem , Santa Fe, NM, Alto Street Environmental Consulting, Douglas W. Wolf , Reston, VA, for Appellant

Brownstein Hyatt Farber Schreck, LLP, Steven O. Sims , Dulcinea Z. Hanuschak , Albuquerque, NM, Keitha A. Leonard , Tesuque, NM, Interstate Stream Commission of New Mexico, Dominique M. Work , Santa Fe, NM, for Appellees

OPINION

{1} In this appeal, we consider whether the district court can award damages for a wrongful injunction when it did not require Plaintiff to post security under Rule 1-066(C) NMRA. We conclude that the district court had no discretion to award damages to a wrongfully...

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