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It is apparently going to be up to the State Supreme Court to decide on a judge to seme over a lawsuit filed against the Hidalgo County Commis sioners by a local subdivider. The suit, filed by members of the Glen Acres Corporation, asks that the county be ordered to pave Lee Trevino Drive and Ben Hogan Road within the subdivision or pay some $75,000 in damages. James McCutchan, one of the plaintiffs in the suit has disqualified Sixth District Judge Norman Hodges from hearing the case. Earlier Hidalgo County Commis sion Chairman Fausto Noce had dis qualified Sixth District Judge Ray Hughes from presiding over the case Both affidavits were filed in the Sixth District Court Clerk’s Office. Other plaintiffs in the suit are Phyl lis McCutchan, Rex T. Daws, Dorothy Daws, Alton R. Holmes, Helen M. Holmes, John V. Ruiz and Jessie Ruiz. The suit says that the issues in the action are of common and general interest to all owners of real property in the subdivision, and affect all of them in exactly the same manner as the plaintiffs are affected. It also says the number of persons who own property in the area exceeds 90 and it is ‘‘impracticable to bring all of them before the court as individual plaintiffs.” The suit alleges that on or about Sept. 12, 1978, Glen Acres dedicated to Hidalgo County certain streets including Lee Trevino and Ben Hogan Road. It says that on or about Oct. 13, 1978, the plaintiffs 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 on or about Oct. 10, 1978 the defendant accepted the two as county road. On or about Jan. 4, 1979, the suit says, the defendant caused approx imately 1.4 miles of the two roads to be scarified; cause a certain amount of fill to be added to portions of the road; destroyed the then existing pavement on that portion which was scarified and created a nuisance by exposing the loose earth to the wind conditions in the area. Later, the suit says, the defendant ceased repair of Lee , Trevino Drive and Ben Hogan Road and has failed and refused to complete the repair of the road pursuant to the coopera tive agreement entered into with the highway department.
Newspaper Details
Lordsburg Liberal
Lordsburg, New Mexico, US
Fri, Nov 30, 1979
Page 1
Full Page
Clipped by
Anonymous
USA 11 Jun 2026
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