Legal Opinion
Primetime Hospitality, Inc. v. City of Albuquerque
New Mexico Court of Appeals
Decided June 13, 2007No. 25,616PublishedCited by 2 opinions
1Opinion of the Court
OPINION
BUSTAMANTE, Judge.
{1} This inverse condemnation case presents an issue of first impression in New Mexico: What is the proper measure of damages for a temporary, but total, physical taking of a commercial property in the early stages of construction? Following a bench trial the district court awarded Plaintiff Primetime Hospitality, Inc. (Primetime), $456,242 for lost profits and $153,518.45 for excess construction costs, plus interest and costs against the City of Albuquerque (City). The City appeals contending that the district court erred in awarding consequential damages to…
2Cases cited40 opinions
- United States v. General Motors Corp.Supreme Court of the United States · 1945
- Kimball Laundry Co. v. United StatesSupreme Court of the United States · 1949
- Yuba Natural Resources, Inc. v. The United States, Defendant/cross-AppellantCourt of Appeals for the Federal Circuit · 1990
- New Mexico Right to Choose/NARAL v. JohnsonNew Mexico Supreme Court · 1999
- Jacksonville Express. Auth. v. Henry G. Du Pree Co.Supreme Court of Florida · 1959
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3Cited by2 opinions
- Primetime Hospitality, Inc. v. City of AlbuquerqueNew Mexico Supreme Court · 2009
- PRIMETIME v. City of AlbuquerqueNew Mexico Court of Appeals · 2007