One Las Cruces business owner is taking legal action against the city of Las Cruces and the state of New Mexico.
Oscar Andrade, the owner of Pic Quik, has submitted a tort claim notice to the city and state over the impact of the three-phase Valley Road construction project. Both the city and state have until August 30th to respond.
Andrade tells KTSM that if the current design by NMDOT is fulfilled, after construction is completed the side entrance of this store would be closed off to large trucks and semis.
This is because the current design placed a 6-inch concrete barrier in the middle of the roadway on Hickory Drive.
Traffic would either have to be in the right lane to use the entrance, or would have to go all the way around the barrier and make a u-turn.
"I want this to set precedence that when the state of New Mexico, or the DOT, or anybody does something they should work with the business owners and not just show up one day and start construction," Andrade tells KTSM.
According to NM-DOT the valley construction project should be completed by next fall.
NMDOT also tells KTSM that the barrier to be placed on Hickory Drive is part of federal government requirements and that they have no intentions to hurt any businesses by the construction.
"We cannot shut down businesses, we can't close off access to businesses, we're going to work with all of the businesses we can providing access. Our goal here, mainly, is to make it a safer roadway for everyone," says Ami Evans the spokesperson for NMDOT.