In Home Flooding Dispute, New Mexico Panel Says Trial Court Erred In Granting Fees

(September 25, 2023, 11:21 AM EDT) -- ALBUQUERQUE, N.M. — A state trial court erred in granting attorney fees under New Mexico’s Unfair Practices Act (UPA) to a group of companies and individuals who allegedly failed to properly develop a subdivision and construct a new home that suffered from flooding because the homeowners’ claim under the UPA were not groundless even though they did not prevail on it, a New Mexico panel found in reversing the trial court’s decision in part....