Bennett v. City Council for Las Cruces

OPINION

WECHSLER, Judge.

{1} The City of Las Cruces and Gary Krivokapich appeal the district court’s reversal of a decision by the Las Cruces City Council (Council) to change the zoning of property owned by the Krivokapich family from high-density residential to commercial with conditions. They argue that the district court improperly took additional evidence regarding the rezoning request and that the Council’s rezoning did not constitute illegal spot zoning as the district court found. We agree with these arguments and reverse the decision of the district court.

Factual and Procedural…