Legal Opinion

City of Santa Fe Ex Rel. Santa Fe Police Dep't v. One (1) 1989 Black Saab Sedan

New Mexico Court of Appeals

Decided January 10, 2019No. A-1-CA-35944Published

1Opinion of the Court

VARGAS, Judge.

{1} The City of Santa Fe (the City) appeals the district court's order directing the return, upon stated conditions, of Robert Boulanger's (Claimant) car, which was seized pursuant to the City's forfeiture ordinance, Santa Fe, N.M., Code § 24-9 SFCC 1987 (1993, amended 2012) (Santa Fe Ordinance). This appeal requires us to determine whether the New Mexico Forfeiture Act (NMFA), NMSA 1978, §§ 31-27-1 to -11 (2002, as amended through 2015), preempts the Santa Fe Ordinance. Consistent with this Court's recent holding in Espinoza v. City of Albuquerque , 2019-NMCA-014 , 435 P.3d…

2Cases cited4 opinions

  1. American Civil Liberties Union v. City of AlbuquerqueNew Mexico Supreme Court · 1999
  2. State v. RomeroNew Mexico Supreme Court · 2018
  3. Espinoza v. City of AlbuquerqueNew Mexico Court of Appeals · 2018
  4. Espinoza v. City of AlbuquerqueNew Mexico Court of Appeals · 2018

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