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Third District Judge Joe Galvan will be named to preside over a civil suit filed by a local subdivider against the Hidalgo County Commis sioners. Earlier Sixth District Judges Nor man Hodges and Ray Hughes were disqualified from hearing the case by the parties involved. Plaintiff in the suit is the Glen Acres Corporation - James D. McCutchan, Phyllis G. McCutchan, Rex T. Daws, Dorothy Daws, Alton R. Holmes, Helen M. Holmes, and John V. Ruiz and Jessie Ruiz. The suit asks that the county be ordered to pave Ben Hogan Road and Lee Trevino Drive in the subdivision or pay some $75,000 in damages. It says that the plaintiff granted to the county a perpetual easement and right of way over and across approx imately 1.4 miles of road known as Lee Trevino Drive and Ben Hogan Road and that the county accepted the two as county roads. It also says that the defendant entered into a cooperative agree ment with the New Mexico Highway Department for the purpose of pav ing the two streets. In December of 1978 the suit said the defendant directed that scarify ing be commenced on the Glen Acres roads and that this was actually done causing a certain amount of fill to be added to portions of the road and destroyed the then existing pave ment on that portion. It says this created a nuisance by exposing the loose earth to the wind conditions of the area. In a motion to dismiss filed this week on behalf of the county by the Sixth District Attorney’s Office, the county claims that the agreement between it and the state was can celled by mutual agreement and that the court lacks jurisdiction over the matter. It also alleges the defendants never accepted the offer of the plaintiff to dedicate certain streets in its sub division. It says the offer of dedica tion by Glen Acres, Inc. contained conditional language or reservation of future interest which was unac ceptable to the defendants. Further, the dismissal motion said the plaintiffs have failed to join as parties in excess of 90 persons who own property in the subdivision who claim an interest relating to the action. It also says ‘‘were the plaintiffs permited to sue as representative parties on behalf of other landowners in the subdivision of Glen Acres, Inc. they would be unable to fairly and adquately protect the interests of the absent parties. ‘Representatives by the named plaintiffs of those absent is inadequate in that should the court grant declaratory judgement as requested by plaintiffs, the absent parties would be deprived of due pro cess contrary to all motions of fair ness,’’ the motion states. It contends absent parties would be exposed to considerable expense if required to purchase culverts and approaches to their driveways which the plaintiff represent they would pay for. Finally it says plaintiff James McCutchan was on notice that dedication of the roads in the subdivi sion would have to be formally accepted by the Hidalgo County Commissioners. This, according to a copy of commission meeting minutes filed along with the motion was not done. The motion asks not only that the matter be dismissed but that the plaintiffs bear their costs of suit. CONCERT SCHEDULED—The ‘“‘Three-In-One” will pre sent a concert of contemporary Christian music at the Val ley View United Presbyterian Church on Wednesday, December 19, at 7:00 p.m. ‘“Three-In-One” is made up of Steve, Leslie and Eddie Gwin, two brothers and a sister. They are joined by Terry Glanville at the piano. “Three- In-One” travel year round from coast to coast having sung in over one half of the states | the U.S. Their music has twice this year reached the Top 40 Gospel Hits on the Gospel Music Chart in Southern California. “Reach Out Your Hand to Jesus”, and “No Time for Jesus” were both written by Eddie. The “Three-In-One” is more than just a singing group; they bring a ministry in music. They have presented their musical ministry at youth rallies, university and col lege campus services, and prisons. They reside in Leon, Kansas. Valley View Church is located four miles north of Cotton City on Route 338.
Newspaper Details
Lordsburg Liberal
Lordsburg, New Mexico, US
Fri, Dec 14, 1979
Page 4
Full Page
Clipped by
Anonymous
USA 11 Jun 2026
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