City of Rio Rancho v. Logan

OPINION

CASTILLO, Judge.

{1} Plaintiff appeals the district court’s dismissal of the complaint against Defendant, the owner of two telecommunications towers that Plaintiff alleges are public nuisances. In response to Plaintiffs motion for summary judgment, Defendant argued that the towers had been grandfathered in as legally permitted non-conforming uses under a 2004 city ordinance. The district court agreed with Defendant’s interpretation of the ordinance and, as there were no material issues of fact in dispute, dismissed Plaintiffs complaint. We reverse the district court.

I. BACKGROUND

{2}…