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IN RE ANGEL FIRE CORPORATION

Case No. 93-12176-3a11, Adversary No. 11-1110-s, Case No. 12-CV-01256-MCA-WPL.

In re ANGEL FIRE CORPORATION (THE) and ANGEL FIRE SKI CORPORATION, Debtors. TRUETT L. SCARBOROUGH, Plaintiff, v. ANGEL FIRE RESORT OPERATIONS, LLC, a New Mexico Limited Liability Company; ASSOCIATION OF ANGEL FIRE PROPERTY OWNERS, INC., a New Mexico Nonprofit Corporation, Defendants. TRUETT L. SCARBOROUGH, Appellant, v. ANGEL FIRE RESORT OPERATIONS, LLC, a New Mexico Limited Liability Company; ASSOCIATION OF ANGEL FIRE PROPERTY OWNERS, INC., a New Mexico Nonprofit Corporation, Appellees.

United States District Court, D. New Mexico.

May 2, 2013.

PROPOSED FINDINGS AND RECOMMENDED DISPOSITION

WILLIAM P. LYNCH, Magistrate Judge.

At issue here is, in essence, a real property dispute. Truett L. Scarborough owns several lots of land in or near the ski resort village of Angel Fire, New Mexico, and Angel Fire Resort Operations, LLC ("AFRO") has attempted to assess dues on these lots pursuant to a negative easement filed in the real property records of Colfax County, New Mexico. Scarborough filed this declaratory...

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