Leavell v. Town of Texico

LUJAN, Chief Justice.

The town of Texico, New Mexico, defendant-appellee, passed a resolution on February 6, 1956, annexing certain property belonging to plaintiffs-appellants, pursuant to § 14-6-8 of 1953 Compilation, which statute limited the right of appeal to 30 days after the adoption of the resolution. Appellants’ complaint was not filed until May 5, 1956. The lower court dismissed the action as barred by the statute of limitation, and appellants prosecute this appeal.

The appellants argue that the statute is unconstitutional, that the municipality and its officers acted fraudulently in…