Legal Opinion

New Mexicans for Free Enterprise v. City of Santa Fe

New Mexico Court of Appeals

Decided November 29, 2005No. 25,073PublishedCited by 29 opinions

1Opinion of the Court

OPINION

FRY, J.

{1} Plaintiffs New Mexicans for Free Enterprise, the Santa Fe Chamber of Commerce, and several local business owners challenge an ordinance enacted by the City of Santa Fe mandating certain city-based businesses to pay a minimum wage higher than the current state and federal minimum hourly wage. Plaintiffs contend that the ordinance is beyond the power of a home rule municipality to enact and that the state minimum wage law preempts local policymaking in this area. Further, Plaintiffs argue that the ordinance is a taking of private property and that the ordinance’s exemption for…

2Cases cited51 opinions

  1. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  2. West Coast Hotel Co. v. ParrishSupreme Court of the United States · 1937
  3. Eastern Enterprises v. ApfelSupreme Court of the United States · 1998
  4. Connolly v. Pension Benefit Guaranty CorporationSupreme Court of the United States · 1986
  5. Olsen v. Nebraska Ex Rel. Western Reference & Bond Assn., Inc.Supreme Court of the United States · 1941

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3Cited by29 opinions

  1. Stennis v. City of Santa FeNew Mexico Supreme Court · 2008
  2. Primetime Hospitality, Inc. v. City of AlbuquerqueNew Mexico Supreme Court · 2009
  3. SWEPI, LP v. Mora CountyDistrict Court, D. New Mexico · 2015
  4. Rio Grande Kennel Club v. City of AlbuquerqueNew Mexico Court of Appeals · 2008
  5. Arias v. Phoenix Indemnity InsuranceNew Mexico Court of Appeals · 2009

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