Legal Opinion
Cobos v. Doña Ana County Housing Authority
New Mexico Supreme Court
Decided December 3, 1998No. 23,288PublishedCited by 26 opinions
1Opinion of the Court
OPINION
McKinnon, j.
{1} In this case we must decide whether a breach of public employees’ duties of operation and maintenance of a privately-owned building used to provide shelter under a federally-funded low-income housing program falls within the “building waiver” of the New Mexico Tort Claims Act. See NMSA 1978, § 41-4-6 (1977) (waiver of governmental immunity for “operation or maintenance ... of any building” (emphasis added)). The trial court and the Court of Appeals held that the public entity must have a legal ownership interest in the real property for the waiver to apply. We hold that…
2Cases cited22 opinions
- Hicks v. StateNew Mexico Supreme Court · 1976
- Schear v. Board of County CommissionersNew Mexico Supreme Court · 1984
- Torres v. StateNew Mexico Supreme Court · 1995
- Calkins v. Cox EstatesNew Mexico Supreme Court · 1990
- Bober v. New Mexico State FairNew Mexico Supreme Court · 1991
17 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Lymon v. Aramark Corp.District Court, D. New Mexico · 2010
- Johnson Ex Rel. Estate of Cano v. HolmesCourt of Appeals for the Tenth Circuit · 2006
- Davis v. Board of County CommissionersNew Mexico Court of Appeals · 1999
- Hunt v. Central Consolidated School DistrictDistrict Court, D. New Mexico · 2013
- Lopez v. Las Cruces Police DepartmentNew Mexico Court of Appeals · 2006
21 more not listed; retrieve them via the Exa API.