Legal Opinion
STATE EX REL., SMITH v. Riley
New Mexico Court of Appeals
Decided April 30, 1997No. 17721PublishedCited by 5 opinions
1Opinion of the Court
OPINION
WECHSLER, Judge.
1. Petitioners appeal the dismissal of their petition for public nuisance under Rule 1 — 012(B)(6) NMRA 1997. We review whether Petitioners have stated a claim of public nuisance pursuant to NMSA 1978, Section 30-8-l(B) (Repl.Pamp.1994), and affirm.
The Motion To Dismiss and Complaint
2. In reviewing a motion to dismiss for failure to state a claim, we take the well-pleaded facts alleged in the petition as true and test the legal sufficiency of the claim. Blea v. City of Espanola, 117 N.M. 217, 218, 870 P.2d 755, 756 (Ct.App.1994); Trujillo v. Berry, 106 N.M. 86, 87, 738…
2Cases cited8 opinions
- State v. ChamberlainNew Mexico Supreme Court · 1991
- Padilla v. LawrenceNew Mexico Court of Appeals · 1984
- Trujillo v. BerryNew Mexico Court of Appeals · 1987
- State v. JohnsonNew Mexico Supreme Court · 1996
- State ex rel. Village of Los Ranchos de Albuquerque v. City of AlbuquerqueNew Mexico Supreme Court · 1994
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Titus v. City of AlbuquerqueNew Mexico Court of Appeals · 2011
- New Mexico v. General Electric Co.District Court, D. New Mexico · 2004
- The State of New Mexico v. Sterigenics U.S., LLCDistrict Court, D. New Mexico · 2021
- Titus v. City of AlbuquerqueNew Mexico Court of Appeals · 2011
- Titus v. City of AlbuquerqueNew Mexico Court of Appeals · 2011