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NM Court of Appeals Schedules July 19, 2:00 PM Hearing

July 6, 2016 - Jen Laws

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The New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Tuesday, July 19, 2016. The oral argument is open to the public and begins at 2:00 P.M.

A three-judge panel will preside: Judge Michael E. Vigil, Judge James J. Wechsler, and Judge Jonathan B. Sutin (’63).

Following are the details of the case:

DARREL ALLRED, ROBERT ALLRED, JOHN ALLRED, BRUCE ALLRED, and WAYNE ALLRED, Plaintiffs-Appellees, represented by Pete V. Domenici, Jr.

vs.

NEW MEXICO DEPARTMENT OF TRANSPORTATION, Defendant-Appellant, represented by Cody R. Rogers, Luke A. Salganek

June 17, 2011, Plaintiffs filed a “Complaint for Negligence, Inverse Condemnation, Injunctive Relief and Damages.” Plaintiffs alleged that Defendant improperly designed a bridge spanning Whitewater Creek in Glenwood, NM, and that Defendant’s failure to conduct maintenance in the creek bed, in conjunction with the improper design of the bridge, allowed sediment aggradation beneath the bridge. Plaintiffs alleged that this aggradation of sediment, in conjunction with seasonal rainfall, caused Whitewater Creek to flood onto surrounding properties owned by Plaintiffs, resulting in property damage. Plaintiffs sought monetary damages pursuant to the New Mexico Tort Claims Act. On October 9, 2013 the district court concluded that Defendant violated the Stipulated Permanent Injunction Order (SPIO) submitted by the parties on January 18, 2013. Defendant-Appellant alleges that the district court lacked subject matter jurisdiction after Plaintiffs-Appellees voluntarily dismissed the case with prejudice following the execution of the Settlement Agreement and Mutual Release (SAMR) and entry of the SPIO in 2012; the district court erred in failing to acknowledge that the SAMR and SPIO were contracts, determining that the SPIO was severable from the SAMR, and reforming the agreement; the district court erred in awarding civil contempt damages to Plaintiffs and failing to limit Plaintiff’s claimed damages.

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