New Mexico Supreme Court

Moongate Water Co., Inc. v. City of Las Cruces

May 9, 20132013 NMSC 18

Summary

The New Mexico Supreme Court held that Moongate Water Company’s certificate of public convenience and necessity does not give it exclusive rights to serve the annexed area against the City of Las Cruces, and that the city’s provision of water there does not constitute a compensable regulatory taking because Moongate showed no tangible loss. Accordingly, the Court affirmed the Court of Appeals and reversed the district court’s summary‑judgment rulings for Moongate.