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HERBERTSON v. ILIFF

No. 10078.

775 P.2d 754 (1989)

108 N.M. 552

Daniel HERBERTSON, d/b/a Vista Real Mobile Home Park, Plaintiff-Appellee, v. Terry ILIFF, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied June 6, 1989.

Attorney(s) appearing for the Case

Jane Bloom Yohalem, Morton S. Simon, Law Offices of Simon & Oppenheimer, Santa Fe, for plaintiff-appellee.

Charlotte Greenfield, Las Cruces, for defendant-appellant.

Robert L. Marzulla, Acting Asst. U.S. Atty.Gen., Angus E. Crane, Robert L. Klarquist, U.S. Dept. of Justice, Washington, D.C., amicus curiae.

OPINION

ALARID, Judge.

This appeal arises from a district court action filed by appellee (Herbertson) seeking to secure an easement and injunctive relief prohibiting interference with such easement over land owned by appellant (Iliff). A trial on the merits was originally held in 1986, with judgment entered in favor of Iliff. Subsequently, on a motion by Herbertson, the trial court vacated the 1986 judgment and...

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