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WOODMONT PASEO, LLC v. NEW MEXICO UTILITIES, INC.

No. A-1-CA-35611.

WOODMONT PASEO, LLC, Plaintiff-Appellant, v. NEW MEXICO UTILITIES, INC., and SOUTHWEST WATER CO., Defendants-Appellees, and ALBUQUERQUE/BERNALILLO COUNTY WATER UTILITY AUTHORITY, and GOVERNING BOARD OF THE ALBUQUERQUE/BERNALILLO COUNTY WATER UTILITY AUTHORITY, Defendants.

Court of Appeals of New Mexico.

Filed August 23, 2019.

Attorney(s) appearing for the Case

Hamm French, PLLC Jason B. Hamm , Midland, TX, for Appellant.

Montgomery & Andrews, P.A., Stephen S. Hamilton , Kari E. Olson , Santa Fe, NM, for Appellees.

MEMORANDUM OPINION

{1} At issue in this appeal is whether Woodmont Paseo, LLC's (Woodmont) claims against New Mexico Utilities, Inc. (NMUI) and its parent company, Southwest Water Co. (SWC), are precluded by the defense of impossibility or by the stipulated condemnation judgment (the condemnation...

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