Burris v. State Ex Rel. State Highway Commission

OPINION

McMANUS, Chief Justice.

This suit was brought in the District Court of Dona Ana County, New Mexico, to recover (1) damages under inverse condemnation, (2) expenses and costs under the “Highway Litigation Expense Act,” and (3) accounting by the Commissioner of Public Lands (hereinafter called Commissioner), for sand and gravel extracted.

The case was tried before the court. At the close of the plaintiffs’ case, judgment was entered denying relief. Plaintiffs appeal.

Two points raised by appellants Burris, et al., (hereinafter referred to as Burris), are as follows:

I. The court erred in…