Justices probe Rio Rancho choices on road closure and drainage during fee argument
During Biggley v. City of Rio Rancho, justices and counsel reviewed trial findings that the city closed access on a 'paper road,' raised drainage concerns, and ignored an engineer's recommendation to keep access open—facts counsel said support a wrongful-taking finding.
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A justice pointed to the trial record and asked how closing access could not be wrongful when the city's own engineer recommended keeping the road open. "Here, the decision was made even contrary to the city's own engineer who said don't block off... Leave it open," the justice observed while questioning counsel about the factual record.
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