Beverly Wood Associates v. City of Albuquerque

OPINION

COMPTON, Justice.

City of Albuquerque appeals from a declaratory judgment holding the proposed' sale of Beverly Park to be null and void.

The facts are stipulated and we summarize them. The plaintiff is the owner of , all the land in the Beverly Wood Addition of Albuquerque lying north of Interstate . Highway 40 with the exception of Beverly Park of the addition as shown by the revised plat. The plat was duly filed and re- . corded in 1951 and, thereupon, Beverly Park became dedicated to public use; the City accepted the dedication and since its-acceptance Beyerly Park’has in fact been,…