Bernalillo Bd. of Co. Comm'rs v. Benavidez

OPINION

BUSTAMANTE, Judge.

{1} At issue in this case is whether counties may enact ordinances which conflict directly with state statutes reflecting the State of New Mexico’s free range or “fence-out” approach to livestock management. Holding that they cannot, we affirm the district court’s dismissal of the criminal complaint filed against Defendant Ivan Benavidez by the County of Bernalillo.

BACKGROUND

{2} The County filed a criminal complaint in the Metropolitan Court against Benavidez asserting that he “[d]id allow six cattle to run at large on John Dantis Road, SW and on Metropolitan…