Moongate Water Co. v. DOÑA ANA MUTUAL DOMESTIC WATER CONSUMERS ASS'N

OPINION

CASTILLO, Judge.

{1} In this case, we consider whether an association that is organized under the Sanitary Projects Act (SPA), NMSA 1978, §§ 3-29-1 to -21 (1965, as amended through 2006), is immune from suit for damages, pursuant to the New Mexico Antitrust Act (NMAA), NMSA 1978, §§ 57-1-1 to -17 (1891, as amended through 1987). We conclude that an SPA association is a special function governmental unit, established by state law, and immune from damages for liability under the NMAA. Accordingly, we affirm the district court.

I. BACKGROUND

{2} Moongate Water Company (Moongate) is a public…