Legal Opinion

Gallagher v. Albuquerque Metropolitan Arroyo Flood Control Authority

New Mexico Court of Appeals

Decided March 15, 1977No. 2808PublishedCited by 15 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

The issue is whether defendant AMAFCA (Albuquerque Metropolitan Arroyo Flood Control Authority) has “sovereign immunity” from liability for its torts. Sections 75-36-1 through 75-36-103, N.M.S.A.1953 (Repl.Vol. 11, pt. 2). AMAFCA is authorized and directed “to acquire, equip, maintain and operate a flood control system . .” Section 75-36-19, supra. This includes “necessary or desirable, related or appurtenant, facilities . . . .” Section 75-36 — 4(K), supra. In this case an AMAFCA service road is involved.

For the purpose of this appeal, it is a fact that “AMAFCA…

2Cases cited18 opinions

  1. Hicks v. StateNew Mexico Supreme Court · 1976
  2. Dilley v. City of HoustonTexas Supreme Court · 1949
  3. Barker v. City of Santa FeNew Mexico Supreme Court · 1943
  4. Sangre De Cristo Development Corp. v. City of Santa FeNew Mexico Supreme Court · 1972
  5. Sigurdson v. City of SeattleWashington Supreme Court · 1956

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3Cited by15 opinions

  1. Rickerson v. STATE OF NM & CITY OF ROSWELLNew Mexico Court of Appeals · 1980
  2. Tompkins Ex Rel. Newby v. Carlsbad Irrigation DistrictNew Mexico Court of Appeals · 1981
  3. TALLASEEHATCHIE CREEK WATERSHED v. AllredSupreme Court of Alabama · 1993
  4. Morningstar Water Users Ass'n v. Farmington Municipal School District No. 5New Mexico Supreme Court · 1995
  5. O'Brien v. Middle Rio Grande Conservancy DistrictNew Mexico Court of Appeals · 1980

10 more not listed; retrieve them via the Exa API.

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