McCarter v. City of Raton

JAMES B. McGHEE, District Judge.

The question is whether the City of Raton is authorized to vacate a portion of a park situated within that city, and permit its use as a link in a state highway; and whether the State Highway Commission may so use it.

A preliminary question raised by appellees by cross appeal is whether the appellant, a resident taxpayer of the city of •Raton, is authorized to prosecute this action.

The latter question was determined against the contention of appellees in Shipley v. Smith (Board of County Commissioners), 45 N.M. 23, 107 P.2d 1050, 131 A.L.R. 1225. The appellant…