Legal Opinion

City of Albuquerque v. State Ex Rel. Village of Los Ranchos De Albuquerque

New Mexico Court of Appeals

Decided January 31, 1991No. 11688PublishedCited by 30 opinions

1Opinion of the Court

OPINION

DONNELLY, Judge.

On rehearing, the previous opinion filed January 8, 1991, is withdrawn and the following is substituted therefor.

The City of Albuquerque (City) pursues this interlocutory appeal from the district court’s issuance of a preliminary injunction stopping the City’s construction of the Montano River Crossing Project (project). Six issues were certified for review. We have consolidated these questions and discuss (1) whether a municipal highway project duly authorized by law and approved by concerned governmental agencies is subject to abatement as a public nuisance; (2)…

2Cases cited47 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
  3. Transportation Co. v. ChicagoSupreme Court of the United States · 1879
  4. Richards v. Washington Terminal Co.Supreme Court of the United States · 1914
  5. McGeehan v. BunchNew Mexico Supreme Court · 1975

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3Cited by30 opinions

  1. Swink v. FingadoNew Mexico Supreme Court · 1993
  2. Howell v. HeimNew Mexico Supreme Court · 1994
  3. City of Albuquerque v. New Mexico Public Regulation CommissionNew Mexico Supreme Court · 2003
  4. Coleman v. United Engineers & Constructors, Inc.New Mexico Supreme Court · 1994
  5. Titus v. City of AlbuquerqueNew Mexico Court of Appeals · 2011

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