1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO NEW MEXICO PUBLIC REGULATION COMMISSION, 4 Petitioner-Appellee, v. No. 29,365 PETER SOUZZI a/k/a DANIEL P. SOUZZI and d/b/a G&S WATERWORKS; G&S WATERWORKS; and DAN-P-NEL LAND, INC., 10 Respondents-Appellants, v. HACHITA MUTUAL DOMESTIC CONSUMER WATER ASSOCIATION, 14 Intervenor.

15 APPEAL FROM THE DISTRICT COURT OF GRANT COUNTY J.C. Robinson, District Judge Sutin, Thayer & Browne C. Shannon Bacon Albuquerque, NM for Appellee Carlos Ogden Deming, NM for Appellants Law & Resource Planing Associates Christina J. Bruff Albuquerque, NM for Intervenor 5 MEMORANDUM OPINION VIGIL, Judge.

7 Respondents appeal the grant of summary judgment to Plaintiff and appointment of a receivership of the Hachita Mutual Domestic Consumer Water Association. In our notice, we proposed to affirm addressing issues relating to the Takings Clause. Petitioner responded in support of our notice. Respondents have not responded and the time for doing so has passed.

12 For the reasons stated in the notice of proposed disposition, we affirm.

13 IT IS SO ORDERED.

15 MICHAEL E. VIGIL, Judge WE CONCUR:

18 JAMES J. WECHSLER, Judge

20 RODERICK T. KENNEDY, Judge