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TOWNSEND v. STATE

No. 20861.

871 P.2d 958 (1994)

117 N.M. 302

Henry TOWNSEND, as trustee of the Henry and Sylvia Townsend Revocable Trust, Plaintiff-Appellant, v. STATE of New Mexico ex rel. STATE HIGHWAY DEPARTMENT, and Jim Baca, Commissioner of Public Lands of New Mexico, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied March 28, 1994.

Attorney(s) appearing for the Case

Atwood, Malone, Mann & Turner, P.A., Charles F. Malone and Bryan D. Evans, Roswell, for plaintiff-appellant.

Bridget Jacober, Santa Fe, for defendant-appellee Com'r of Public Lands.

Nancy A. DaCosta, Sp. Asst. Atty. Gen., Santa Fe, for defendant-appellee State Highway Dept.

OPINION

RANSOM, Chief Justice.

Henry Townsend, as trustee of the Henry and Sylvia Townsend Revocable Trust, appeals from an order dismissing his complaint against the State Highway Department and the Commissioner of Public Lands for failure to state a claim upon which relief could be granted. Townsend sought a declaratory judgment and damages for inverse condemnation, trespass, and conversion. The trial court held that Townsend's trespass and conversion...

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