NM Court of Appeals Schedules July 19 Hearing

NM Court of AppealsThe New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Tuesday, July 19, 2011. The oral argument is open to the public and begins at 2:00 pm.

A three-judge panel will preside: Judge Michael D. Bustamante ('74), Judge Jonathan B. Sutin (`63), and Judge Roderick Kennedy.

Following are the details of the case:

Moongate Water Company, Inc., A New Mexico Public Utility, Plaintiff-Appellant/Cross-Appellee, represented by Kyle W. Gesswein, William A. Walker, Jr.

vs.

City Of Las Cruces, Defendant-Appellee/Cross-Appellant represented by Spencer Reid, Thomas C. Bird, Kurt Wihl, S. Charles Archuleta, Marcia B. Driggers

The trial court found that the annexing of three subdivisions by Las Cruces and the city's decision to supply water to those subdivisions was a taking from the previous water utility company, but that it had no value. The city appeals the finding that a taking exists. The water company appeals the finding that the property had no value.

Moongate's Brief in Chief
Las Cruces' Brief in Chief
Moongate's Answer Brief
Las Cruces' Answer Brief
Moongate's Reply Brief

For more information, contact Nora Gonzales at 505-841-4618.

July 8, 2011