Skip to main content
· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.