Behles v. New Mexico Public Service Commission
New Mexico Supreme Court
1Opinion of the Court
OPINION
FROST, Justice.
Daniel J. Behles (Behles), as Trustee in bankruptcy for the Timberon Water Company (Timberon), appeals the final order of the New Mexico Public Service Commission (Commission) in case no. 2355, dated August 26, 1991, that denied his requested rate increase for Timberon. Behles contends 1) that the Commission’s exclusion of Contributions in Aid of Construction (CIAC) was unreasonable and unlawful and unsupported by substantial evidence, 2) that federal bankruptcy law preempts the Commission’s use of the CIAC doctrine, 3) that he is a bona fide purchaser under § 544 of the…
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