Legal Opinion
Smith v. Board of County Commissioners
New Mexico Court of Appeals
Decided December 19, 2003No. 22,766PublishedCited by 3 opinions
1Opinion of the Court
OPINION
WECHSLER, Chief Judge.
{1} The opinion filed in this ease on September 23, 2003 is hereby withdrawn and the following submitted therefor. The motion for rehearing is otherwise denied.
{2} In this appeal, we consider the proper interpretation of the Bernalillo County zoning ordinance and a related limited federal preemption doctrine as applied to the placement of two 140-foot amateur radio antenna towers. Plaintiff was given stop work notices after initially receiving approval by the County for construction of the towers. He responded by filing a declaratory judgment action in district…
2Cases cited22 opinions
- High Ridge Hinkle Joint Venture v. City of AlbuquerqueNew Mexico Supreme Court · 1998
- Rio Grande Chapter of the Sierra Club v. New Mexico Mining CommissionNew Mexico Supreme Court · 2002
- Methola v. County of EddyNew Mexico Supreme Court · 1980
- Wright v. VogtSupreme Court of New Jersey · 1951
- State Ex Rel. Klineline v. BlackhurstNew Mexico Supreme Court · 1988
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3Cited by3 opinions
- Smith v. Board of County CommissionersNew Mexico Supreme Court · 2005
- New Mexico v. General Electric Co.District Court, D. New Mexico · 2004
- Taos Municipal Schools Charter School v. DavisNew Mexico Court of Appeals · 2004