City of Sunland Park v. New Mexico Public Regulation Commission

OPINION

BUSTAMANTE, Judge. '

{1} The City of Sunland Park (City) appeals a district court Order Vacating Alternate Writ of Mandamus and granting the Public Regulation Commission (PRC) jurisdiction to regulate a utility which the City had condemned in an earlier action. 1 We reverse the district court, insofar as the Order held that an automatic stay in the condemnation appeal operated to prevent title in the utility from passing to the City, thereby allowing the PRC to retain rate-making jurisdiction over the utility.

FACTUAL AND PROCEDURAL BACKGROUND

{2} Following the condemnation of the Santa…