Legal Opinion

Algermissen v. Sutin

New Mexico Supreme Court

Decided December 12, 2002No. 27,186PublishedCited by 24 opinions

1Opinion of the Court

OPINION

MINZNER, Justice.

{1} Plaintiffs appeal from a district court order, following a bench trial, which dismissed with prejudice their claims to a public easement by prescription. The district court determined that Plaintiffs failed to prove the elements of a prescriptive easement by clear and convincing evidence. Plaintiffs appealed initially to the Court of Appeals, which in turn certified the matter to this Court. (See NMSA 1978, § 34-5-14(c) (1972); Rule 12-606 NMRA 2002. We affirm.

I

{2} This case revolves around a neighborhood dispute in the north valley area of Albuquerque. Plaintiffs…

2Cases cited19 opinions

  1. Hester v. SawyersNew Mexico Supreme Court · 1937
  2. Schlieter v. CarlosNew Mexico Supreme Court · 1989
  3. Sanchez v. Dale Bellamah Homes of New Mexico, Inc.New Mexico Supreme Court · 1966
  4. State ex rel. Department of Human Services v. WilliamsNew Mexico Court of Appeals · 1989
  5. Sosa v. Empire Roofing Co.New Mexico Court of Appeals · 1990

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3Cited by24 opinions

  1. City of Des Plaines v. RedellaAppellate Court of Illinois · 2006
  2. Trask v. NoziskoColorado Court of Appeals · 2006
  3. McKenzie County v. ReichmanNorth Dakota Supreme Court · 2012
  4. Ulibarri v. JesionowskiNew Mexico Court of Appeals · 2022
  5. Kaywal, Inc. v. Avangrid Renewables, Inc.New Mexico Court of Appeals · 2019

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