Legal Opinion

Provisional Gov't of Santa Teresa v. Doña Ana Cnty. Bd. of Cnty. Comm'rs

New Mexico Court of Appeals

Decided August 22, 2018No. A-1-CA-35927PublishedCited by 6 opinions

1Opinion of the Court

BOHNHOFF, Judge.

{1} In this appeal we are called upon to consider the counterintuitive proposition that, under New Mexico law, residents of territory who wish to incorporate the territory as a new municipality in order to avoid being annexed by an existing neighboring municipality must first petition the existing municipality to annex the territory. The Provisional Government of Santa Teresa (PGST), a New Mexico non-profit corporation consisting of owners of land in the Santa Teresa area in Doña Ana County, New Mexico, seeks to incorporate the area as a municipality, separate from neighboring…

2Cases cited17 opinions

  1. High Ridge Hinkle Joint Venture v. City of AlbuquerqueNew Mexico Supreme Court · 1998
  2. City of Greenwood Village v. for the Proposed City of CentennialSupreme Court of Colorado · 2000
  3. Cummings v. X-Ray Associates of New Mexico, P. C.New Mexico Supreme Court · 1996
  4. State v. TafoyaNew Mexico Supreme Court · 2010
  5. State v. PadillaNew Mexico Supreme Court · 2008

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3Cited by6 opinions

  1. State v. Oppenheimer & Co.New Mexico Court of Appeals · 2019
  2. Taylor v. Waste Mgmt. of N.M.New Mexico Court of Appeals · 2021
  3. Dearborn v. ClarkeNew Mexico Court of Appeals · 2023
  4. Rauth v. N.M. Medical Bd.New Mexico Court of Appeals · 2023
  5. State v. Oppenheimer & Co., Inc.New Mexico Court of Appeals · 2019

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