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PIEDRA, INC. v. TRANSP. COMMISSION

No. 26,923.

188 P.3d 106 (2008)

2008-NMCA-089

PIEDRA, INC., Plaintiff-Appellee, v. STATE OF NEW MEXICO TRANSPORTATION COMMISSION, John Hummer, Johnny Cope, Norman Assed, Jim Franken, David Schutz, and Greg Ortiz, as Commissioners for The New Mexico State Transportation Commission, The New Mexico Department of Transportation, a State Agency, and Rhonda G. Faught, P.E., Cabinet Secretary, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Denied May 22, 2008.

Attorney(s) appearing for the Case

Scheuer, Yost and Patterson, P.C., Donald A. Walcott, Christopher M. Grimmer, Santa Fe, NM, for Appellee.

New Mexico Department of Transportation, Germaine R. Chappelle, William T. Moyers, Dan Gershon, Santa Fe, NM, for Appellants.

Certiorari Denied, No. 31,071, May 22, 2008.

OPINION

SUTIN, Chief Judge.

{1} The New Mexico Department of Transportation (the Department) and the New Mexico State Transportation Commission (the Commission), together with other defendants1, appeal and assert that the district court erred in holding that they acted in excess of delegated authority in conveying parts...

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