Legal Opinion

Moriarty Municipal School District v. Thunder Mountain Water Co.

New Mexico Court of Appeals

Decided August 30, 2006No. 26,031PublishedCited by 3 opinions

1Opinion of the Court

OPINION

VIGIL, Judge.

{1} This is a condemnation action filed by the Board of Education, Moriarty Municipal School District (School District) against Thunder Mountain Water Company (Thunder Mountain). As a public utility customer of Thunder Mountain, the School District was charged and paid a fee for installation of a water line extension to one of its schools as a “contribution in aid of construction” (CIAC). The School District thereafter brought an action to condemn that same water line extension and asserted it was entitled to deduct the CIAC charge from the compensation due to Thunder…

2Cases cited18 opinions

  1. Crutchfield v. New Mexico Department of Taxation & RevenueNew Mexico Court of Appeals · 2004
  2. Doña Ana Mutual Domestic Water Consumers Ass'n v. New Mexico Public Regulation CommissionNew Mexico Supreme Court · 2006
  3. Hobbs Gas Co. v. New Mexico Public Service CommissionNew Mexico Supreme Court · 1980
  4. Behles v. New Mexico Public Service CommissionNew Mexico Supreme Court · 1992
  5. Onondaga County Water Authority v. New York Water Service Corp.Appellate Division of the Supreme Court of the State of New York · 1955

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3Cited by3 opinions

  1. Primetime Hospitality, Inc. v. City of AlbuquerqueNew Mexico Supreme Court · 2009
  2. Board of Education, Moriarty Municipal School District v. Thunder Mountain Water Co.New Mexico Supreme Court · 2007
  3. Moriarty Mun. School Dist. v. Thunder Mtn.New Mexico Court of Appeals · 2006

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