Legal Opinion

Townsend v. State Ex Rel. State Highway Department

New Mexico Supreme Court

Decided February 9, 1994No. 20861PublishedCited by 17 opinions

1Opinion of the Court

OPINION

RANSOM, Chief Justice.

Henry Townsend, as trustee of the Henry and Sylvia Townsend Revocable Trust, appeals from an order dismissing his complaint against the State Highway Department and the Commissioner of Public Lands for failure to state a claim upon which relief could be granted. Townsend sought a declaratory judgment and damages for inverse condemnation, trespass, and conversion. The trial court held that Townsend’s trespass and conversion claims were barred by the Tort Claims Act, NMSA 1978, §§ 41-4-1 to -27 (Repl.Pamp.1989), and that his inverse condemnation claim was barred by…

2Cases cited13 opinions

  1. United States v. DickinsonSupreme Court of the United States · 1947
  2. Hicks v. StateNew Mexico Supreme Court · 1976
  3. Whitney Benefits, Inc. And Peter Kiewit Sons' Co. v. The United StatesCourt of Appeals for the Federal Circuit · 1991
  4. Loesch v. United StatesUnited States Court of Claims · 1981
  5. State Ex Rel. Udall v. Colonial Penn InsuranceNew Mexico Supreme Court · 1991

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3Cited by17 opinions

  1. Hendrickson v. AFSCME Council 18Court of Appeals for the Tenth Circuit · 2021
  2. Archunde v. International Surplus Lines InsuranceNew Mexico Court of Appeals · 1995
  3. Leigh v. Village of Los LunasNew Mexico Court of Appeals · 2004
  4. State Farm Mutual Automobile Insurance v. Valencia Ex Rel. MedinaNew Mexico Court of Appeals · 1995
  5. Nash v. Bd. of Cnty. Comm'rs of Catron Cnty. and Belen Consol. Sch. Dist. v. Valencia Cnty.New Mexico Supreme Court · 2020

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