Legal Opinion

Battaglini v. Town of Red River

New Mexico Supreme Court

Decided September 8, 1983No. 14038PublishedCited by 6 opinions

1Opinion of the Court

OPINION

STOWERS, Justice.

The Town of Red River (Town) appeals from the trial court’s judgment which held that NMSA 1978, Section 42A-1-34 (Repl. Pamp.1981) is constitutional and is applicable to the Town’s sign ordinance. The trial court found the Town’s sign ordinance to be in contravention of state law and therefore unenforceable. The trial court then entered judgment enjoining enforcement of the ordinance. The Town appeals and the sign owners cross-appeal. We affirm the trial court.

The Town raises the following issues on appeal:

Whether Section 42A-1-34 is inapplicable to the Town’s sign…

2Cases cited13 opinions

  1. Metromedia, Inc. v. City of San DiegoSupreme Court of the United States · 1981
  2. Metromedia, Inc. v. City of San DiegoCalifornia Supreme Court · 1980
  3. City of Santa Fe v. Gamble-Skogmo, Inc.New Mexico Supreme Court · 1964
  4. Ackerley Communications, Inc. v. City of SeattleWashington Supreme Court · 1979
  5. Stuckey's Stores, Inc. v. O'CheskeyNew Mexico Supreme Court · 1979

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3Cited by6 opinions

  1. State Ex Rel. Office of the State Engineer v. LewisNew Mexico Court of Appeals · 2006
  2. City of Fort Collins v. Root Outdoor Advertising, Inc.Supreme Court of Colorado · 1990
  3. Root Outdoor Advertising, Inc. v. City of Fort CollinsColorado Court of Appeals · 1988
  4. Rodriguez v. Brand West DairyNew Mexico Supreme Court · 2016
  5. Rodriguez v. Brand West DairyNew Mexico Supreme Court · 2016

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

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