Order Denying Defendant’s Motion for Summary Judgement

While some say it is sacred ground, a cemetery that’s been part of the Catholic community for more than a hundred years, one family is suing, claiming part of that land as their own.

That area in Guadalupita, about 14 miles north of Mora, is now the subject of a Fourth Judicial District Court civil lawsuit.

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Jacob Regensberg and his son, Jude, filed a complaint in June against homeowners in that area, Mora County Commissioners, and the Archdiocese of Santa Fe claiming their right to ownership of land there.

An attorney representing the Archdiocese of Santa Fe argues the Regensbergs do not have a case because they did not pay taxes on the land as required by adverse possession.

However, a judge disagreed with that assessment this week, denying the motion.

Another hearing is scheduled in this case for Friday at 10:30 a.m. in Las Vegas. Judge Chavez is expected to hear debate over whether or not Mora County should continue to be part of the lawsuit.

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