Rowley v. Murray

OPINION

MINZNER, Judge.

Defendants, members of the city commission and the City of Clovis, appeal the district court’s decision striking an assessment of benefits against plaintiffs’ property as part of an improvement district created by provisional order. See NMSA 1978, § 3-33-12 (Repl.Pamp.1984). Defendants contend the court erred in concluding that “[t]he determination of benefits by the City is not supported by substantial evidence, and is the result of arbitrary and capricious conduct.” Defendants argue, in effect, that the court failed to give sufficient deference to the city’s…