Legal Opinion

Village of Wagon Mound v. Mora Trust

New Mexico Court of Appeals

Decided December 18, 2002No. Nos. 21,827, 21,917PublishedCited by 15 opinions

1Opinion of the Court

OPINION

BUSTAMANTE, Judge.

{1} For a period of at least sixty-five years the Santa Clara Spring (the Spring) has been the sole source of water for the Village of Wagon Mound (the Village), the Mora Trust (the Trust) properties, and the lands owned by Earl and Glenda Berber and their Wagon Mound Ranch, L.L.C. (the Berbers). A dispute arose between the Village, the Trust, and the Berbers as to the ownership and use of, as well as access to, the Spring waters. Following litigation, which we will describe in more detail hereafter, the district court entered summary judgment against the Trust and in…

2Cases cited25 opinions

  1. C.R. Anthony Co. v. Loretto Mall PartnersNew Mexico Supreme Court · 1991
  2. Koenig v. PerezNew Mexico Supreme Court · 1986
  3. Den-Gar Enterprises v. RomeroNew Mexico Court of Appeals · 1980
  4. Gardner-Zemke Co. v. StateNew Mexico Supreme Court · 1990
  5. Garcia v. Garcia Ex Rel. Estate of GarciaNew Mexico Supreme Court · 1991

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3Cited by15 opinions

  1. Behrens v. Gateway Court, LLCNew Mexico Court of Appeals · 2013
  2. Wood v. CunninghamNew Mexico Court of Appeals · 2006
  3. Gregory Rockhouse Ranch, L.L.C. v. Glenn's Water Well Service, Inc.New Mexico Court of Appeals · 2008
  4. Dethlefsen v. WeddleNew Mexico Court of Appeals · 2012
  5. AFSCME Council 18 v. City of AlbuquerqueNew Mexico Court of Appeals · 2012

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