Hurley v. Village of Ruidoso

OPINION

FRY, Judge.

{1} This case presents us with the opportunity to clarify whether municipalities are subject to statutes of limitations. In this declaratory judgment action, Plaintiffs Kennith and Edna Hurley appeal from an order granting summary judgment in favor of the Village of Ruidoso, determining that the Village’s claim of lien was not time barred. The district court reasoned that the statutes of limitations could not be pleaded as a defense against the Village’s claim because the Village was a subdivision of the State of New Mexico, against which statutes of limitations do not run.…