Legal Opinion · Concurrence

Martinez v. Maggiore

New Mexico Court of Appeals

Decided November 7, 2002No. 21,067Published

1ConcurrencePickard, Judge

(specially concurring).

{27} I concur in the result of the majority opinion. I write separately to clarify that, in my view, reversal is mandated in this case not because of some technical defect in the notice, but because the defects in notice, when fully explained and when taken together with the other procedural defects identified in the opinion, indicate that the purposes of the Solid Waste Act’s hearing requirements were not met. I also believe that it is this violation of the special purposes of the hearing requirement that contributes to give Appellants standing.

{28} It should be…

2Cases cited1 opinion

  1. Southwest Research & Information Center v. StateNew Mexico Court of Appeals · 2003

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