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Cooper v. Chevron U.S.A.6/4/2002
hereby invoking the trial court's discretion to award injunctive relief under Rule 1-054(C). For the three reasons articulated above, I believe that Plaintiffs' continuing nuisance claim should be construed as implicating equitable relief in the form of abatement or injunction for purposes of assessing the proper venue under Section 38-3-1.
I conclude that Plaintiffs' nuisance claim has as part of its object an interest in land within the meaning of Section 38-3-1(D)(1), making venue proper only in Lea County. I would therefore affirm the trial court's dismissal of Plaintiffs' complaint for improper venue. The majority holding otherwise, I respectfully dissent.
PATRICIO M. SERNA, Chief Justice
I CONCUR:
JOSEPH F. BACA, Justice
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