City of Las Cruces v. Huerta
New Mexico Court of Appeals
1Opinion of the Court
OPINION
DONNELLY, Chief Judge.
Appellant Apostolic Tabernacle de Las Cruces (Church) appeals from an order of the district court restraining it from operating a school on its church premises in Las Cruces contrary to the city zoning code. The Church raises three issues on appeal: (1) claim that the operation of a school is an incidental or accessory use of its church premises; (2) claim that the operation of a school is a preexisting use of its church premises; and (3) claim of violation of its first amendment rights. We affirm.
FACTS
The Church owns a building on a tract of land on East Missouri…
2Cases cited15 opinions
- American Communications Assn. v. DoudsSupreme Court of the United States · 1950
- Anderson v. Island CountyWashington Supreme Court · 1972
- Texas National Theatres, Inc. v. City of AlbuquerqueNew Mexico Supreme Court · 1982
- Parks v. BOARD OF CTY. COM'RS OF TILLAMOOK CTY.Court of Appeals of Oregon · 1972
- Allendale Congregation of Jehovah's Witnesses v. GrosmanSupreme Court of New Jersey · 1959
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3Cited by8 opinions
- Goodwin v. City of Kansas CitySupreme Court of Kansas · 1988
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- Metropolitan Baptist Church v. District of Columbia Department of Consumer & Regulatory AffairsDistrict of Columbia Court of Appeals · 1998
- Sandoval County Board of Commissioners v. RuizNew Mexico Court of Appeals · 1995
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