PLAINTIFF DISMISSES WATER-RIGHTS LAWSUIT AGAINST DOÑA ANA COUNTY

PLAINTIFF DISMISSES WATER-RIGHTS LAWSUIT AGAINST DOÑA ANA COUNTY

The trustee of the Charlie Crowder bankruptcy estate on Tuesday dismissed a lawsuit that had been filed in June of 1998 alleging that Doña Ana County had acted beyond the scope of its authority in seeking to condemn a water well and water rights in the Santa Teresa area.

“This suit was meritless from the beginning,” County Manager Fernando R. Macias said. “I think the plaintiffs made a wise decision that will save both money and time for all parties concerned, especially the taxpayers of Doña Ana County.”

The lawsuit, which had named the Doña Ana County Board of Commissioners. Macias and Assistant County Attorney Tom Figart as defendants, originally was filed by the Santa Teresa Services Company, a utility owned by the Crowder estate. When the Crowder bankruptcy was converted to a Chapter 7 liquidation of assets from a Chapter 11 reorganization of debt, Trustee Bernard Given was charged with disposing of the assets of the estate to pay off creditors. Among those assets was the lawsuit filed against the county.

Las Cruces attorney Raul Carrillo, who represented the county in the case, said dropping the case was a good decision on the part of the plaintiffs.

“We, on behalf of the county, are very pleased the lawsuit was dropped,” Carrillo said. “It’s clear that someone on the other side finally made an accurate assessment of the case and chose to dismiss rather than continue a meritless fight.”

Macias said the county will continue to move forward on utility initiatives in Santa Teresa.

“This vindicates the county and puts us in a stronger position to focus on the important work of establishing water and wastewater services in the Santa Teresa area that will fuel economic development and job creation,” Macias said.