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ARAGON & McCOY v. ALBUQUERQUE NAT. BANK

No. 14488.

659 P.2d 306 (1983)

99 N.M. 420

ARAGON & McCOY, a partnership, et al., Plaintiffs-Appellants, v. ALBUQUERQUE NATIONAL BANK, as Trustee for the Estate of Alva J. Coats, et al., Defendants-Appellees.

Supreme Court of New Mexico.

February 18, 1983.

Attorney(s) appearing for the Case

Marchiondo & Berry, Patricia Ortiz, Albuquerque, for plaintiffs-appellants.

Keleher & McLeod, Arthur O. Beach, Albuquerque, for defendants-appellees Nesbit & Coats.

Anita P. Miller, Asst. City Atty., Albuquerque, for defendant-appellee City of Albuquerque.

OPINION

PAYNE, Chief Justice.

Appellant Aragon & McCoy (Aragon), a partnership, sued the City of Albuquerque to recover damages it incurred when the City failed to issue additional building permits beyond the initial permit for Phase I of its construction project. The complaint was filed on February 9, 1979, and in February 1982, the trial court entered summary judgment on behalf of the City on two grounds: 1) sovereign immunity and 2) the statute of...

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