Legal Opinion

Miles v. Board of County Commissioners

New Mexico Court of Appeals

Decided July 7, 1998No. 18186PublishedCited by 10 opinions

1Opinion of the Court

OPINION

BOSSON, Judge.

{1} We address the level of notice required by both state statute and principles of constitutional due process when a county commission adopts a comprehensive zoning ordinance. Because we determine that the adoption of a comprehensive zoning ordinance serves a legislative, as opposed to an adjudicative function, we hold that the generalized notice afforded in this instance did not violate any due process rights of the protesting property owner. We also conclude that the notice satisfied minimal statutory requirements that apply to zoning enactments of this nature. We…

2Cases cited19 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  3. Bi-Metallic Investment Co. v. State Board of EqualizationSupreme Court of the United States · 1915
  4. Minnesota State Board for Community Colleges v. KnightSupreme Court of the United States · 1984
  5. City of Eastlake v. Forest City Enterprises, Inc.Supreme Court of the United States · 1976

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3Cited by10 opinions

  1. Johnson v. New Mexico Oil Conservation CommissionNew Mexico Supreme Court · 1999
  2. Hart v. City of AlbuquerqueNew Mexico Court of Appeals · 1999
  3. Hart v. City of AlbuquerqueNew Mexico Court of Appeals · 1999
  4. ALB. COMMONS PARTNERSHIP v. City CouncilNew Mexico Court of Appeals · 2009
  5. Albuquerque Commons Partnership v. City Council of AlbuquerqueNew Mexico Court of Appeals · 2009

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