· 6/14/1993
Rainaldi v. Public Employees Retirement Board
Citations
- 857 P.2d 761
- 115 N.M. 650
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that “estoppel cannot lie against the 6 state when the act sought to be carried out through the use of estoppel is contrary to 7 law”
- stating that employees of retirement board that was charged with administering Public Employees Retirement Act “had special knowledge regarding its application”
- stating that estoppel cannot lie against the state when the act sought would be contrary to the requirements expressed by statute
- noting that courts have refused to allow estoppel against the state when the use of estoppel is based on the advice of a government official that contradicts a statute or would permit an act that is contrary to law
- “It is true ... that we have held that certiorari may be the only method available for reviewing the actions of a state board where no statutory review is provided.”
- estoppel against the government is applied sparingly, only in exceptional cases in which there is a shocking degree of aggravated conduct, and only where right and justice demand it
Source: CourtListener parenthetical corpus (CC0).
Judges: Ransom, Baca, Franchini
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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