Legal Opinion

Danley v. City of Alamogordo

New Mexico Supreme Court

Decided April 12, 1978No. 11665PublishedCited by 9 opinions

1Opinion of the Court

OPINION

SOSA, Justice.

Suit was brought in the District Court of Otero County for declaratory judgment on a contract between Danley (Contractor) and the City of Alamogordo (City). Stipulation of facts were filed and both parties moved for summary judgment. The court granted the City’s motion and the Contractor appealed. We reverse.

The Contractor was developing a subdivision and in doing so he was going to lay a 6" water line which was adequate for the subdivision. Since the City’s future plans would eventually require installing a 10" water line, the Contractor, at the City’s request, installed…

2Cases cited10 opinions

  1. Fancher v. Board of CommissionersNew Mexico Supreme Court · 1921
  2. Fargo Foundry Co. v. Village of CallawaySupreme Court of Minnesota · 1921
  3. Runyan v. JaramilloNew Mexico Supreme Court · 1977
  4. The Gamewell Company, a Corporation v. The City of Phoenix, a Municipal CorporationCourt of Appeals for the Ninth Circuit · 1955
  5. New York Football Giants, Inc. v. Los Angeles Chargers Football Club, Inc., and Charles FlowersCourt of Appeals for the Fifth Circuit · 1961

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3Cited by9 opinions

  1. Toltec International, Inc. v. Village of RuidosoNew Mexico Supreme Court · 1980
  2. Starko, Inc. v. PRESBYTERIAN HEALTH PLANNew Mexico Court of Appeals · 2011
  3. Bustillos v. Board of County CommissionersDistrict Court, D. New Mexico · 2016
  4. Starko, Inc. v. Presbyterian Health Plan, Inc.New Mexico Court of Appeals · 2012
  5. Abraham v. WPX Energy Production, LLCDistrict Court, D. New Mexico · 2014

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