Legal Opinion

City of Santa Fe v. Tomada

New Mexico Court of Appeals

Decided January 10, 2014No. 34,455; Docket No. 32,407Published

1Opinion of the Court

OPINION

BUSTAMANTE, Judge.

{1} The issue in this case involves the proper way to measure the distance between a school and a “licensed premise” in which liquor is sold. The Director of the Alcohol and Gaming Division approved the transfer of a liquor license applying the Division’s longstanding regulation and method of measurement. The district court disagreed, holding that the regulation conflicted with the Liquor Control Act’s method of measurement. Determining that the Director’s interpretation of the Liquor Control Act is correct, we reverse.

BACKGROUND

{2} Western Refining Southwest, Inc.…

2Cases cited9 opinions

  1. State v. CleveNew Mexico Supreme Court · 1999
  2. State v. JohnsonNew Mexico Supreme Court · 2000
  3. Texas National Theatres, Inc. v. City of AlbuquerqueNew Mexico Supreme Court · 1982
  4. Ramirez v. IBP Prepared FoodsNew Mexico Court of Appeals · 2001
  5. El Paso Electric Co. v. New Mexico Public Regulation CommissionNew Mexico Supreme Court · 2010

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