Legal Opinion

Martinez v. Maggiore

New Mexico Court of Appeals

Decided November 7, 2002No. 21,067PublishedCited by 5 opinions

1Opinion of the Court

OPINION

ALARID, Judge.

INTRODUCTION

{1} Appellants appeal from a Final Order of the Secretary of the New Mexico Environment Department granting the Northeastern New Mexico Regional Landfill’s application for modifications to its solid waste facility permit. This appeal requires us to address the consequences of defects in public notice required by the Solid Waste Act. We hold that (1) the notice published by the applicant did not substantially comply with the requirements governing the manner of publication; (2) the defective notice invalidates the subsequent administrative proceedings; (3)…

2Cases cited6 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Powers v. OhioSupreme Court of the United States · 1991
  3. New Mexico Right to Choose/NARAL v. JohnsonNew Mexico Supreme Court · 1998
  4. V.P. Clarence Co. v. ColgateNew Mexico Supreme Court · 1993
  5. Nesbit v. City of AlbuquerqueNew Mexico Supreme Court · 1977

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Colonias Development Council v. Rhino Environmental Services Inc.New Mexico Supreme Court · 2005
  2. Colonias Development Council v. Rhino Environmental Services, Inc.New Mexico Court of Appeals · 2003
  3. Martinez v. MaggioreNew Mexico Court of Appeals · 2002
  4. NM Reg Landfill v. NM Environ DeptNew Mexico Court of Appeals · 2011
  5. Sw. Rsch. & Info. Ctr. v. Sec'y of N.M. Env't Dep'tNew Mexico Court of Appeals · 2025

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