Einer v. Rivera

OPINION

WECHSLER, Judge.

We consider in this appeal whether San Miguel County is subject to the home rule charter process' of the Home Rule Amendment, Article X, Section 6 of the New Mexico Constitution, and the Municipal Charter Act, NMSA 1978, §§ 3-15-1 to -16 (1965, as amended through 1990). We hold that it is not, concluding that San Miguel County is not a “municipality” within the Municipal Charter Act or the Home Rule Amendment. We further conclude that our holding does not violate the constitutional equal protection rights of Petitioner Lee Einer. We affirm the district court’s denial of…