Las Cruces Country Club, Inc. v. City of Las Cruces

OPINION

COMPTON, Justice.

This is an action to have a paving assessment of $6,679.64 levied by the defendant, City of Las Cruces, against the land of the plaintiff, Las Cruces Country Club, invalidated. Plaintiff’s complaint alleges that its property will not be benefited by the assessment but will be damaged thereby. It also alleges that the defendant in making the assessment failed to comply with the provisions of § 14-19-5(D), N.M.S.A. 1953, with regard to approval by municipal planning authority. Issue was joined on both issues.

The city had planned to extend and pave Solano Street, thereby…