Opinion

Moongate Water Co., Inc. v. State

  • 120 N.M. 399
  • 902 P.2d 554
Court
New Mexico Court of Appeals
Filed
Jun 30, 1995
Status
Published
Author
Hartz
On the bench
Alarid, Donnelly, Hartz
Cited by
11 cases

holding that where the record reveals nothing more than conclusory allegations summary judgment is proper

How later courts described this case

  • holding that where the record reveals nothing more than conclusory allegations summary judgment is proper
  • noting that for purposes of Fourteenth Amendment, property interests are generally created by state law
  • In order to prevail on a substantive due process claim, the plaintiff “must establish that its property interests were injured by governmental action that shocks the conscience.” (emphasis added)
  • differentiating between the tests for violations of substantive and procedural due process guarantees

Written by the judges who cited it.

The opinion

HARTZ, Judge, specially concurring.

I concur in the judgment and join in all of Judge Alarid’s opinion for the panel except for the last two paragraphs of Section D.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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