State Ex Rel. Battershell v. City of Albuquerque
New Mexico Court of Appeals
1Opinion of the Court
OPINION
DONNELLY, Judge.
Petitioners appeal from an order of the district court affirming the city of Albuquerque’s denial of a conditional use permit. Three issues are raised on appeal: (1) whether the City failed to comply with the provisions of its Comprehensive City Zoning Code (Zoning Code), to accord petitioners requisite due process; (2) whether the decisions of the Environmental Planning Commission (EPC) and city council overturning the decision of the zoning hearing examiner were supported by substantial evidence; and (3) whether the ordinance authorizing the issuance of conditional…
Also in this document: Concurrence.
2Cases cited12 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Heath v. M. C.C. of BaltimoreCourt of Appeals of Maryland · 1946
- Dietrich v. District of Columbia Board of Zoning AdjustmentDistrict of Columbia Court of Appeals · 1972
- Duke City Lumber Co. v. New Mexico Environmental Improvement BoardNew Mexico Supreme Court · 1984
- Garcia v. Genuine Parts Co.New Mexico Court of Appeals · 1977
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3Cited by31 opinions
- State Ex Rel. Helman v. GallegosNew Mexico Supreme Court · 1994
- In Re Com'n InvestigationNew Mexico Supreme Court · 1999
- U S West Communications, Inc. v. New Mexico State Corp. CommissionNew Mexico Supreme Court · 1999
- Rex, Inc. v. Manufactured Hous. Comm. of NMNew Mexico Supreme Court · 1995
- Downtown Neighborhoods Ass'n v. City of AlbuquerqueNew Mexico Court of Appeals · 1989
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