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NM Court of Appeals Schedules October 24, 1:30 PM Hearing

October 4, 2017 - 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, October 24, 2017. The oral argument is open to the public and begins at 1:30 P.M.

A three-judge panel will preside: Judge Michael E. Vigil,  Judge Stephen G. French, Judge Henry Bohnhoff.

Following are the details of the case:

CITY OF ALBUQUERQUE, A MUNICIPAL CORPORATION, Petitioner-Appellee, represented by Christopher J. Tebo

v.

SMP PROPERTIES, LLC., and R. MICHAEL PACK, Respondents-Appellants, represented by George A. DuBois, William J. Cooksey

and

MODERN WOODMAN OF AMERICA; SAIA MOTOR FREIGHT LINE, LLC; UNITED PARCEL SERVICE, INC.; COUNTY OF BERNALILLO; TAXATION AND REVENUE DEPARTMENT FOR THE STATE OF NEW MEXICO AND ANY AND ALL UNKNOWN CLAIMANTS FOR THE PROPERTY INVOLVED, Respondents

Petitioner-Appellee filed its condemnation action on July 10, 2013, to obtain a 30 foot strip of land along the northern boundary line of Respondents-Appellants' SMP Properties, LLC and R. Michael Pack's property. The City filed its Motion for Partial Summary Judgment to preclude all inverse condemnation claims by Appellants. The District Court granted partial summary judgment and also entered orders precluding the Appellants from testifying about loss of rental income and economic loss to the property as a result of losing rental income. This appeal contests the District Court's rulings.

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