Legal Opinion

State ex rel. Regents of Eastern New Mexico University v. Baca

New Mexico Supreme Court

Decided July 30, 2008No. 30,950PublishedCited by 19 opinions

1Opinion of the Court

OPINION

2Per curiam

{1} This ease requires us to address the restrictions on using a declaratory judgment action as an alternative to statutory procedures for judicial review of an agency action. The case began when DKD Electric, LLC (DKD), submitted an unsuccessful bid on a contract with Eastern New Mexico University (ENMU), controlled by the Procurement Code, NMSA 1978, §§ 13-1-28 to -199 (1984, as amended through 2006). DKD filed a protest, but instead of waiting for a decision on the protest and then seeking judicial review in the ninth judicial district, where ENMU is located, DKD filed a complaint…

3Cases cited16 opinions

  1. United States v. Western Pacific RailroadSupreme Court of the United States · 1956
  2. State v. RiveraNew Mexico Supreme Court · 2003
  3. State Ex Rel. Clark v. JohnsonNew Mexico Supreme Court · 1995
  4. Bd. of Educ. of Carlsbad v. HarrellNew Mexico Supreme Court · 1994
  5. Smith v. City of Santa FeNew Mexico Supreme Court · 2007

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4Cited by19 opinions

  1. Quynh Truong v. Allstate InsuranceNew Mexico Supreme Court · 2010
  2. Progressive Northwestern Insurance v. Weed Warrior ServicesNew Mexico Supreme Court · 2010
  3. Lion's Gate Water v. D'ANTONIONew Mexico Supreme Court · 2009
  4. Chatterjee v. KingNew Mexico Supreme Court · 2012
  5. NEW ENERGY ECONOMY, INC. v. ShoobridgeNew Mexico Supreme Court · 2010

14 more not listed; retrieve them via the Exa API.

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