Legal Opinion
Smith v. Board of County Commissioners
New Mexico Supreme Court
Decided April 22, 2005No. 28,374PublishedCited by 18 opinions
1Opinion of the Court
OPINION
BOSSON, Chief Justice.
{1} Plaintiff Gerald Smith applied for and received a permit to build two 130-foot amateur radio towers on his residential property in the East Mountain area of Bernalillo County, New Mexico. The zoning ordinance did not expressly prohibit or restrict construction of the towers in that location, and supplementary regulations specifically exempted radio towers from height restrictions. After neighbors complained, the County changed its mind, tried unsuccessfully to stop the construction, and devised new reasons why Plaintiffs radio towers should not be allowed. The…
2Cases cited16 opinions
- High Ridge Hinkle Joint Venture v. City of AlbuquerqueNew Mexico Supreme Court · 1998
- State v. JohnsonNew Mexico Supreme Court · 2000
- City of Santa Fe v. Gamble-Skogmo, Inc.New Mexico Supreme Court · 1964
- Burroughs v. BD. OF CTY. COM'RS, CTY., BERNALILLONew Mexico Supreme Court · 1975
- High Ridge Hinkle Joint Venture v. City of AlbuquerqueNew Mexico Court of Appeals · 1994
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Stennis v. City of Santa FeNew Mexico Supreme Court · 2008
- Cerrillos Gravel Products, Inc. v. Board of County CommissionersNew Mexico Supreme Court · 2005
- San Pedro Neighborhood Assoc. v. Board of County Commissioners of Santa Fe CountyNew Mexico Court of Appeals · 2009
- Albuquerque Commons Partnership v. City Council of AlbuquerqueNew Mexico Supreme Court · 2008
- Cadena v. BERNALILLO BD. OF COUNTY COM'RSNew Mexico Court of Appeals · 2006
13 more not listed; retrieve them via the Exa API.