Legal Opinion · Dissent
NRA Special Contribution Fund v. Board of County Commissioners
New Mexico Court of Appeals
Decided January 24, 1979No. 3222Published
1DissentHernandez, Judge
I respectfully dissent.
Justice Oman speaking for the Supreme Court in Benevolent & P. Ord. of Elks v. New Mexico Prop. A. D., 83 N.M. 445, 493 P.2d 411 (1972) resolved any prior conflicts in the guides or rules for the construction of Article VIII, § 3 of the New Mexico Constitution:
“The rule in New Mexico is that of reasonable construction, without favor or prejudice to either the taxpayer or the State, to the end that the probable intent of the provision is effectuated and the public interests to be subserved thereby are furthered.”
Justice Oman also had this to say in the same opinion:
“Altho…
2Cases cited3 opinions
- Ancient v. Board of County CommissionersNebraska Supreme Court · 1932
- Benevolent & Protective Order of Elks, Lodge No. 461 v. New Mexico Property Appraisal DepartmentNew Mexico Supreme Court · 1972
- Benevolent & P. Ord. of Elks v. New Mexico Prop. ADNew Mexico Supreme Court · 1972