Buresh v. City of Las Cruces

OPINION

DEE C. BLYTHE, District Judge.

This case turns on questions of limitations of action, and we hold that the three-year limitation of § 23-1-23, N.M.S.A., 1953 Comp., must be applied to an “inverse condemnation” action against a municipality and to a purported written promise to pay growing out of the same matter.

This action was commenced in the District Court of Dona Ana County, New Mexico. Plaintiffs-appellants sought compensation for real property allegedly taken by defendant-appellee, without any legal proceeding and without any compensation having been paid therefor. The trial court…