# Moongate Water Co., Inc. v. State

> New Mexico Court of Appeals · June 30, 1995 · 120 N.M. 399

URL: https://www.frixlaw.com/law-library/cases/9790676

## Case

- **Full name:** MOONGATE WATER COMPANY, INC., Louis A. Gariano, Thelma O. Gariano, and Jeffrey Gariano, Plaintiffs-Appellants, v. the STATE of New Mexico, New Mexico Environment Department, New Mexico Environmental Improvement Division, Gabriel Garcia, Individually, Oscar Simpson, Individually, Kathleen Sisneros, Individually, and Judith M. Espinosa, Individually, Defendants-Appellees
- **Court:** New Mexico Court of Appeals
- **Decided:** June 30, 1995
- **Citations:** 120 N.M. 399; 902 P.2d 554
- **Precedential status:** Published
- **Opinion:** Concurrence by Hartz
- **Judges:** Alarid, Donnelly, Hartz
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9790676

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9790676. Public record. Not legal advice.