Legal Opinion

City of Las Cruces v. Huerta

New Mexico Court of Appeals

Decided November 15, 1984No. 7538PublishedCited by 8 opinions

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

  1. American Communications Assn. v. DoudsSupreme Court of the United States · 1950
  2. Anderson v. Island CountyWashington Supreme Court · 1972
  3. Texas National Theatres, Inc. v. City of AlbuquerqueNew Mexico Supreme Court · 1982
  4. Parks v. BOARD OF CTY. COM'RS OF TILLAMOOK CTY.Court of Appeals of Oregon · 1972
  5. Allendale Congregation of Jehovah's Witnesses v. GrosmanSupreme Court of New Jersey · 1959

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3Cited by8 opinions

  1. Goodwin v. City of Kansas CitySupreme Court of Kansas · 1988
  2. City of Albuquerque v. Pangaea Cinema LLCNew Mexico Court of Appeals · 2012
  3. KOB-TV, L.L.C. v. City of AlbuquerqueNew Mexico Court of Appeals · 2005
  4. Metropolitan Baptist Church v. District of Columbia Department of Consumer & Regulatory AffairsDistrict of Columbia Court of Appeals · 1998
  5. Sandoval County Board of Commissioners v. RuizNew Mexico Court of Appeals · 1995

3 more not listed; retrieve them via the Exa API.

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