Legal Opinion

Henderson v. City of Tucumcari

New Mexico Court of Appeals

Decided April 20, 2005No. 24,660PublishedCited by 5 opinions

1Opinion of the Court

OPINION

WECHSLER, J.

{1} In this appeal, we address NMSA 1978, § 3-18-5 (1977), which allows municipalities to deal with ruins, rubbish, wreckage or debris, by requiring the owner to clean up the property. Under the statute, if the owner fails to ameliorate any problem, the municipality may do so and obtain a lien against the property. See § 3-18-5(F)(3). The City of Tucumcari was not satisfied with Plaintiffs’ efforts and cleaned up Plaintiffs’ property. Plaintiffs sued, contending that the City crew was overzealous and removed everything, including cars Plaintiffs contend are valuable because…

2Cases cited7 opinions

  1. State Ex Rel. Helman v. GallegosNew Mexico Supreme Court · 1994
  2. Key v. Chrysler Motors Corp.New Mexico Supreme Court · 1996
  3. Derringer v. StateNew Mexico Court of Appeals · 2003
  4. Aragon & McCoy v. Albuquerque National BankNew Mexico Supreme Court · 1983
  5. Godwin v. Memorial Medical CenterNew Mexico Court of Appeals · 2001

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3Cited by5 opinions

  1. Ruegsegger v. Board of Regents of Western New Mexico UniversityNew Mexico Court of Appeals · 2006
  2. Ruegsegger v. WESTERN NM UNIVERSITYNew Mexico Court of Appeals · 2006
  3. Stansell v. New Mexico LotteryNew Mexico Court of Appeals · 2009
  4. Gardner v. SchumacherDistrict Court, D. New Mexico · 2023
  5. State Ex Rel. Human Services Department v. JacksonNew Mexico Court of Appeals · 2007

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