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NM Court of Appeals Schedules March 10 Hearing

March 2, 2011 - Jen Laws

The New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Thursday, March 10. The oral argument is open to the public and begins at 10:00 am.

A three-judge panel will preside: Judge Jonathan B. Sutin, Judge Michael E. Vigil, and Judge Robert E. Robles.

Following are the details of the case:

Delma E. Prather, Plaintiff-Appellant, represented by Michael R. Comeau and Stephen J. Lauer


Patrick H. Lyons, Defendant-Appellee, represented by Robert A. Stranahan and John L. Sullivan


Mainline Rock & Ballast, Inc., Defendant, represented by Stuart Butzier

The appellants seek to reverse the trial court's decision that a 1947 patent of state land, which reserved to New Mexico ownership in "all minerals of whatsoever kind," included a reservation of ownership in common rock located on or near the surface of a state section. The appellants further request the court to adopt the "surface destruction" doctrine.

Appellant's Brief in Chief
Appellee's Answer Brief
Appellant's Reply Brief
Motion for Leave to File Amicus Curiae Brief by the New Mexico Farm and Livestock Bureau
Appellee's Response to Amicus Curiae Brief

For more information, contact Nora Gonzales at 505-841-4618.