Legal Opinion
Albuquerque Commons Partnership v. City Council of Albuquerque
New Mexico Supreme Court
Decided February 18, 2008No. 29,791, 29,799PublishedCited by 13 opinions
1Opinion of the Court
OPINION
BOSSON, Justice.
{1} In Miller v. City of Albuquerque, 89 N.M. 503, 554 P.2d 665 (1976), this Court held that when a zoning authority rezones a piece of property to a more restrictive use (known as “downzoning”), the zone change must be justified by either a change in the surrounding community or a mistake in the original zoning. We later reaffirmed this rule in Davis v. City of Albuquerque, 98 N.M. 319, 648 P.2d 777 (1982), and applied it to a rezoning pursuant to a sector plan. In this case, the City of Albuquerque adopted a new sector plan that restricted the uses on Petitioner’s…
2Cases cited30 opinions
- Carey v. PiphusSupreme Court of the United States · 1978
- Fasano v. Board of County Com'rs of Washington Cty.Oregon Supreme Court · 1973
- Nasierowski Brothers Investment Company v. City of Sterling HeightsCourt of Appeals for the Sixth Circuit · 1991
- Rio Grande Chapter of the Sierra Club v. New Mexico Mining CommissionNew Mexico Supreme Court · 2002
- Fleming v. City of TacomaWashington Supreme Court · 1972
25 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Los Chavez Cmty. Assn. v. Valencia Cnty.New Mexico Court of Appeals · 2012
- Los Chavez Community v. Valencia CountyNew Mexico Court of Appeals · 2012
- Albuquerque Commons P'ship v. City CouncilNew Mexico Supreme Court · 2011
- Albuquerque Commons Partnership v. City CouncilNew Mexico Supreme Court · 2011
- People v. FosterColorado Court of Appeals · 2013
8 more not listed; retrieve them via the Exa API.