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DALE J. BELLAMAH CORPORATION v. CITY OF SANTA FE

No. 10226.

540 P.2d 218 (1975)

88 N.M. 288

DALE J. BELLAMAH CORPORATION, Plaintiff-Appellant, v. CITY OF SANTA FE, a Municipal Corporation, the City Council of the City of Santa Fe, and the City Planning Commission of the City of Santa Fe, Defendants-Appellees.

Supreme Court of New Mexico.

August 22, 1975.

Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, Gene C. Walton, John P. Salazar, Albuquerque, for plaintiff-appellant.

Connelly & Lenssen, Santa Fe, for defendants-appellees.

OPINION

SOSA, Justice.

The City of Santa Fe, by a 3 to 2 council vote, with two councilmen not voting, purportedly passed ordinance 1973-25 on July 11, 1973. § 14-16-3 N.M.S.A. 1953 (Repl.Vol. 3) requires that a majority of all the members of the governing body vote in favor of adopting an ordinance or resolution. The ordinance, if properly passed, would have re-zoned Plaintiff's property from R-1 to SC-1, allowing Plaintiff to build a shopping center...

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