LUEVANO v. MAESTAS

No. 14310.

874 P.2d 788 (1994)

117 N.M. 580

Marilyn LUEVANO and Charles Luevano, Plaintiffs-Appellants, v. Herman MAESTAS and Margaret Maestas, his wife; Kenneth Maestas; Lester C. Cannain and Carolyn S. Cannain, his wife; Larry O. Bryant and Sally A. Bryant, his wife; Daniel J. Mayfield and Teresa G. Mayfield, his wife; Nolan Dean Neff and Linda J. Neff, his wife; Kenneth Leppke and Carla B. Leppke, his wife; Eddie L. Lucero and Louise S. Lucero, his wife; Ambrosio J. Ortega and Eva P. Ortega, his wife; Robert O. Sigmund and Sheila Sigmund, his wife; Jack W. Tipps and Lutresha Tipps, his wife; Eugene Burch and Ann Burch, his wife; Albert G. Simms II, M.D., as Personal Representative of the Estate of Albert G. Simms, Deceased; Sunwest Bank of Albuquerque, as Personal Representative and Trustee for the Estates of John F. Simms Jr., Deceased, and Ruth Simms, Deceased, his wife; The following heirs of John F. Simms Jr., Deceased, and Ruth Simms, Deceased, his wife; John F. Simms III, Quita Simms Benton, Charlotte Simms, Joshua R. Simms, Thomas A. Simms, and Joseph Simms; Caballero Farms Ltd., a New Mexico Limited Partnership; The City of Albuquerque; The County of Bernalillo; and All Unknown Claimants Or Parties Who May Claim An Interest in the Use or Ownership of the Road, Defendants-Appellees.

Court of Appeals of New Mexico.

April 6, 1994.


Attorney(s) appearing for the Case

Erenio Gutierrez Jr., Albuquerque, for plaintiffs-appellants Marilyn and Charles Luevano.

Lester C. Cannain, Albuquerque, for defendants-appellees Eugene and Ann Burch.

Sally Joyce Galanter, Albuquerque, for defendants-appellees Lester C. and Carolyn S. Cannain.

Kevin J. McCready, Myers & Oliver, P.C., Albuquerque, for defendants-appellees Herman, Margaret and Kenneth Maestas.

David S. Campbell, City Atty., Kevin J. Curran, Asst. City Atty., Albuquerque, for defendant-appellee City of Albuquerque.

Richard M. Leverick, Leverick and Musselman, P.C., Albuquerque, for defendants-appellees Jack W. and Lutresha Tipps and Robert O. and Sheila Sigmund.

J. Edward Hollington, J. Edward Hollington & Assoc., Albuquerque, for defendant-appellant County of Bernalillo.

Daniel J. and Teresa G. Mayfield, pro se.

Nolan D. and Linda J. Neff, pro se.

Kenneth and Carla B. Leppke, pro se.


OPINION

MINZNER, Chief Judge.

Plaintiffs appeal the district court's order granting Defendants' motion for summary judgment and denying Plaintiffs' motion on a Complaint for Declaratory Judgment. Having determined there were no material issues of fact in dispute, the district court held that Defendants were entitled as a matter of law to use Los Poblanos Ranch Road (the road), which lies between property owned by Plaintiffs and property owned by Defendants...

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