[Download] "Brantley Farms v. Carlsbad Irrigation District" by New Mexico Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Brantley Farms v. Carlsbad Irrigation District
- Author : New Mexico Court of Appeals
- Release Date : January 08, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Opinion Number: 1998-NMCA-023 APPEAL FROM THE DISTRICT COURT OF EDDY COUNTY James L. Shuler, District Judge {1} Carlsbad Irrigation District (the District) and intervening farmers appeal from a peremptory writ of mandamus directing the District's Board of Directors to release water from two reservoirs within the District to supply irrigation water to Brantley Farms (Petitioners) and other members of the District. The District argues that the district court abused its discretion in issuing the peremptory writ and an earlier alternative writ of mandamus for two reasons. First, the District contends that the writs are defective and legally insufficient because: (1) the District's duty to distribute water was discretionary, rather than ""ministerial"" and therefore was not subject to mandamus; (2) the United States, as owner of the reservoirs and administrator of the Carlsbad Project, was an indispensable party absent from the action; and (3) the writs failed to allege sufficient facts establishing Petitioners' clear right to mandamus. Second, the District contends that Petitioners were collaterally estopped from arguing that they were water rights owners legally entitled to mandamus. Petitioners argue that the issues raised by the District are now moot because of lapse of time and because of the District's previous compliance with the district court's writs. Because of our Disposition, we need not address issue (3) above. We hold that the issues in this appeal are not moot and that the district court erred in issuing both the alternative and peremptory writs. We therefore reverse. I. FACTS
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