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STATE EX REL., SMITH v. RILEY

No. 17721.

942 P.2d 721 (1997)

123 N.M. 453

1997-NMCA-63

STATE of New Mexico, ex rel., Joe SMITH and Richard M. Snell, Petitioners-Appellants, v. Larry RILEY and Phillip Riley, Respondents-Appellees.

Court of Appeals of New Mexico.

April 30, 1997.

Attorney(s) appearing for the Case

Richard M. Snell, Clovis, for Petitioners-Appellants.

Joe Parker, Joe Parker, P.C., Clovis, for Respondents-Appellees.

OPINION

WECHSLER, Judge.

1. Petitioners appeal the dismissal of their petition for public nuisance under Rule 1-012(B)(6) NMRA 1997. We review whether Petitioners have stated a claim of public nuisance pursuant to NMSA 1978, Section 30-8-1(B) (Repl.Pamp.1994), and affirm.

The Motion To Dismiss and Complaint

2. In reviewing a motion to dismiss for failure to state a claim, we take the well-pleaded facts alleged in the petition...

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