(DOWNLOAD) "Gonzalez v. Whitaker" by New Mexico Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Gonzalez v. Whitaker
- Author : New Mexico Court of Appeals
- Release Date : January 09, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Defendant B. F. Whitaker (Whitaker) obtained a special use permit from the Dona Ana Board of County Commissioners (Board) to build a dairy near the community of Chamberino in Dona Ana County, New Mexico. Plaintiffs Arnulfo and Concha Gonzalez and other residents of Chamberino (residents), opposing its construction, appealed the Boards decision and the Board denied their appeal. They then brought suit against the Board and Whitaker to enjoin the Board from issuing the special use permit, and to enjoin Whitaker from constructing the dairy, alleging a public nuisance or, in the alternative, for damages resulting from the creation of a private nuisance. Both defendants moved to dismiss for failure to state a claim, which the court treated as motions for summary judgment. Summary judgment was granted to the Board, and that judgment has not been appealed. Whitakers motion was denied. We granted his application for interlocutory appeal.
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