Smith v. City of Santa Fe

OPINION

MAES, Justice.

{1} In this case we must determine whether a declaratory judgment action is an appropriate method for challenging a municipality’s authority to deny permits to drill domestic water wells on private property within the municipality. For the reasons that follow, we conclude that a declaratory judgment action may be used to challenge a municipality’s authority to regulate the drilling of wells within city limits, provided that the declaratory judgment action is not used to circumvent established procedures for seeking judicial review of a municipality’s administrative…