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CITY OF ALBUQUERQUE v. SMP PROPERTIES, LLC

No. S-1-SC-37343.

483 P.3d 566 (2021)

2021-NMSC-011

CITY OF ALBUQUERQUE, A municipal corporation, Petitioner-Petitioner, v. SMP PROPERTIES, LLC, and R. Michael Pack, Respondents-Respondents, 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 Claimants for the Property Involved, Respondents.

Supreme Court of New Mexico.

Filing Date: February 25, 2021.

Attorney(s) appearing for the Case

Esteban A. Aguilar Jr. , City Attorney, Adam Leuschel , Assistant City Attorney, John E. DuBois , Assistant City Attorney, Albuquerque, NM, for Petitioner.

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

OPINION

{1} As part of a project to construct a new road along the North Diversion Channel, the City of Albuquerque (Albuquerque) initiated a condemnation proceeding to acquire a thirty-foot-wide strip of land across a 9.859-acre property (Property) owned by SMP Properties, LLC, whose managing member is R...

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