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NM Court of Appeals Schedules September 19, 1:30 PM Hearing

September 7, 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 Monday, September 19, 2016. The oral argument is open to the public and begins at 1:30 P.M.

A three-judge panel will preside: Judge Jonathan B. Sutin (’63), Judge Roderick Kennedy, and Judge Timothy L. Garcia (’84).

Following are the details of the case:

ROBERT CIOLLI, and MARY LOU CIOLLI, Plaintiffs-Appellees, represented by Jacquelyn Archuleta-Staehlin and Charlotte Hetherington

vs.

MCFARLAND LAND & CATTLE COMPANY, Defendant-Appellant, represented by Donald Schutte

Appellees and Appellant own adjoining parcels of ranch land in Quay County, State of New Mexico. McFarland Ranches had a "feed road" running north and south along its eastern boundary from which livestock could be fed, moved or transported. This feed road continued onto the Ciolli Ranch as Mcfarland would lease the grass for cattle grazing on what is now known as Ciolli Ranch from the prior owner and used this route to care and feed cattle. After Appellees purchased their ranch, they used the feed road on McFarland Ranch to access their land in 1997, 1998, 1999, and 2000. Appellees sought a written grant of easement from Appellant twice and Appellant declined. Appellant gave verbal permission to Appellees to use the feed road access. In 2011 Appellees filed a complaint seeking a declaration of a prescriptive easement by adverse possession or a private implied easement. The district court granted Appellees an easement. Appellant requests reversal.

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