Temple Baptist Church, Inc. v. City of Albuquerque

OPINION

SOSA, Senior Justice.

The City of Albuquerque (City) appeals the district court’s judgment declaring unconstitutional the Albuquerque, N. M., Rev. Ordinances, ch. 7, art. XIV, 1974 (1980), (hereinafter Code) pertaining to the regulation of signs, and permanently enjoining enforcement of those regulations against appellees.

The issues on appeal are:

I. Whether the City failed to preserve the issues for appellate review;

II. Whether the City’s sign ordinance is a reasonable exercise of the City’s police power;

III. Whether enforcement of the ordinance involves an unconstitutional taking of…