Percha Creek Mining, LLC v. Fust
New Mexico Court of Appeals
1Opinion of the Court
OPINION
KENNEDY, Judge.
{1} Plaintiff filed this declaratory judgment action seeking to have County Road B082 declared a public road. Plaintiff appeals an order dismissing its case with prejudice for failure to join an indispensable party. The court held that Sierra County (the County) was an indispensable party because, among other reasons, the declaration sought by Plaintiff would impose obligations upon the County to maintain the road. Plaintiff also contends in a second claim that an easement by prescription existed and the corresponding claims should not have been dismissed. We conclude…
2Cases cited15 opinions
- Fernandez v. Farmers Ins. Co. of ArizonaNew Mexico Supreme Court · 1993
- Lovelace v. HightowerNew Mexico Supreme Court · 1946
- Srader v. VerantNew Mexico Supreme Court · 1998
- Boles v. AuterySupreme Court of Alabama · 1989
- Trigg v. AllemandNew Mexico Court of Appeals · 1980
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3Cited by4 opinions
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