Legal Opinion

Miller v. Board of County Commissioners

New Mexico Court of Appeals

Decided June 18, 2008No. 26,336PublishedCited by 10 opinions

1Opinion of the Court

OPINION

KENNEDY, Judge.

{1} In this opinion, we discuss limits on the continuing validity of approval given to a subdivision plat. Under the circumstances of this case, we hold that the approval given to a subdivision plat in 1986 did not survive to 2004 so as to grant rights to proceed with development of the land and that Santa Fe County was correct in determining that the plat was no longer viable so as to deny the landowner construction permits.

{2} We reverse the district court and remand for proceedings consistent with this opinion.

FACTUAL AND PROCEDURAL BACKGROUND Introduction

{3} The…

2Cases cited10 opinions

  1. Rio Grande Chapter of the Sierra Club v. New Mexico Mining CommissionNew Mexico Supreme Court · 2002
  2. El Dorado at Santa Fe, Inc. v. Board of County CommissionersNew Mexico Supreme Court · 1976
  3. Gallup Westside Development, LLC v. City of GallupNew Mexico Court of Appeals · 2003
  4. Cerrillos Gravel Products, Inc. v. Board of County CommissionersNew Mexico Supreme Court · 2005
  5. Chilili Cooperative Ass'n v. Sundance Mountain Ranches, Inc.New Mexico Court of Appeals · 1988

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3Cited by10 opinions

  1. Bass Enterprises Production Co. v. Mosaic Potash Carlsbad Inc.New Mexico Court of Appeals · 2010
  2. Andalucia Development Corp. v. City of AlbuquerqueNew Mexico Court of Appeals · 2010
  3. New Mexico Board of Licensure v. TurnerNew Mexico Supreme Court · 2013
  4. City of Las Cruces v. RodriguezNew Mexico Court of Appeals · 2014
  5. Law v. N.M. Human Servs. Dep’tNew Mexico Court of Appeals · 2019

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