Legal Opinion
McNeill v. Burlington Resource Oil & Gas Co.
New Mexico Court of Appeals
Decided December 4, 2006No. 25,469PublishedCited by 18 opinions
1Opinion of the Court
OPINION
BUSTAMANTE, Chief Judge.
{1} The Defendant-Appellee/Cross-Appellant filed a motion for rehearing. This Court has considered the motion and the motion is hereby denied. The opinion filed in this case on October 26, 2006, is withdrawn and the following opinion is substituted therefor.
{2} This ease requires us to determine the correct measure of damages for injury to real property. We conclude that the correct measure of damages depends on whether the injury is permanent or temporary, which is an issue of fact for the jury. Where the injury is permanent, the correct measure of damages is…
2Cases cited20 opinions
- Silva v. StateNew Mexico Supreme Court · 1987
- State v. WilsonNew Mexico Supreme Court · 1994
- Duke City Lumber Company, Inc. v. TerrelNew Mexico Supreme Court · 1975
- Lay v. Aetna Insurance Co.Court of Appeals of Texas · 1980
- Las Cruces Professional Fire Fighters & International Ass'n of Fire Fighters v. City of Las CrucesNew Mexico Court of Appeals · 1996
15 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- McNeill v. Burlington Resources Oil & Gas Co.New Mexico Supreme Court · 2008
- Wilde v. WESTLAND DEVELOPMENT CO., INC.New Mexico Court of Appeals · 2010
- State v. VasquezNew Mexico Court of Appeals · 2010
- McNeill v. Rice Engineering & Operating, Inc.New Mexico Supreme Court · 2010
- Salopek v. FriedmanNew Mexico Court of Appeals · 2013
13 more not listed; retrieve them via the Exa API.