Legal Opinion

State Ex Rel. New Mexico Gaming Control Board v. Ten (10) Gaming Devices

New Mexico Court of Appeals

Decided September 21, 2005No. 24,479PublishedCited by 4 opinions

1Opinion of the Court

OPINION

VIGIL, Judge.

{1} The question presented in this case is whether slot machines in a private home that are not used for illegal gambling are gaming machines or gambling devices and therefore subject to forfeiture because they are not licensed under the Gaming Control Act, NMSA 1978, §§ 60-2E-1 to -62 (1997, as amended through 2003)(Act). The Gaming Control Board (Board) appeals from a summary judgment granted to Cortney Gwynne, Kerry Gwynne, and Cecil L. Lunceford (Owners) in its suit seeking to forfeit the machines. We agree that the machines are not subject to forfeiture and affirm.

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2Cases cited13 opinions

  1. State v. SmithNew Mexico Supreme Court · 2004
  2. Rio Grande Chapter of the Sierra Club v. New Mexico Mining CommissionNew Mexico Supreme Court · 2002
  3. Gill v. Public Employees Retirement Board of the Public Employees Retirement Ass'n of New MexicoNew Mexico Supreme Court · 2004
  4. State v. OzarekNew Mexico Supreme Court · 1978
  5. Cerrillos Gravel Products, Inc. v. Board of County CommissionersNew Mexico Court of Appeals · 2004

8 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State v. SmithNew Mexico Court of Appeals · 2008
  2. Perez v. N.M. Dep't of Workforce SolutionsNew Mexico Court of Appeals · 2013
  3. NM Dept. of Workforce Solutions v. PerezNew Mexico Court of Appeals · 2013
  4. New Mexico Department of Workforce Solutions v. PerezNew Mexico Court of Appeals · 2014

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