City of Las Cruces v. Rogers

OPINION

MAES, Justice.

{1} The sole issue presented in this appeal is whether the City of Las Cruces (City) has the authority to enforce Las Cruces Municipal Code (LCMC) 1998, Section 27-12-6-12.1(A) (2004, prior to 2007 amendment), which prohibits individuals from driving while under the influence of intoxicating liquor (DWI) on private property without the written consent of the property owner under NMSA 1978, Section 3-49-1(0) (1967). We conclude that, under Section 3-49-1(0), “the power of a municipality to control such activities on private property is contingent or subject to the…