CITY OF SUNLAND PARK v. PASEO DEL NORTE

No. 19516.

990 P.2d 1286 (1999)

128 N.M. 163

1999-NMCA-124

CITY OF SUNLAND PARK, and Jack Pickel, Petitioners-Appellees, v. PASEO DEL NORTE LIMITED PARTNERSHIP, a New Mexico Limited Partnership, and the New Mexico State Highway and Transportation Department and Pete Rahn, Secretary, Defendants-Appellants, and Property Tax Division of the Taxation and Revenue Department, and All Unknown Owners or Claimants of the Properties Involved.

Court of Appeals of New Mexico.

September 3, 1999.


Attorney(s) appearing for the Case

Frank R. Coppler, Nancy E. Nickerson, Coppler & Mannick, P.C., Santa Fe, for Appellee City of Sunland Park.

Douglas Driggers, Las Cruces, for Appellee Jack Pickel.

Donald M. Salazar, Serina M. Garst, Rubin, Katz, Salazar, Alley & Rouse, a Professional Corporation, Santa Fe, for Appellant Paseo del Norte Limited Partnership.

Patricia A. Madrid, Attorney General, Arthur J. Waskey, General Counsel, William T. Moyers, Special Assistant Attorney General, Assistant General Counsel, Santa Fe, for Appellant New Mexico State Highway and Transportation Department and Pete Rahn.

Thomas R. Figart, Assistant County Attorney, Doña Ana County, Las Cruces, Amicus Curiae for Doña Ana County.

Daniel A. Bryant, Ruidoso, Amicus Curiae for New Mexico Association of Counties.

Randall Van Vleck, Santa Fe, Amicus Curiae for New Mexico Municipal League.


OPINION

HARTZ, Judge.

{1} This is an appeal from an order in a condemnation case granting immediate possession of land to Petitioners Jack Pickel and the City of Sunland Park (the City). Pickel is the general manager and part-owner of P.O.S.T. Land Limited Company (POST), a limited liability company. The appellants are Defendants Paseo del Norte Limited Partnership (PDN), the New Mexico State Highway and...

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