MILLER v. CITY OF ALBUQUERQUE

No. 10548.

554 P.2d 665 (1976)

Clair MILLER and James Thomas, Inc., a New Mexico Corporation, Petitioners-Appellees, and Albuquerque Home Builders Association and Albuquerque Board of Realtors, Petitioners in Intervention-Appellees, v. CITY OF ALBUQUERQUE, a Municipal Corporation of the State of New Mexico, and the City Commission of the City of ALBUQUERQUE, Respondents-Appellants, and The New Mexico Municipal League, Respondents in Intervention-Appellants.

Supreme Court of New Mexico.

Rehearing Denied September 28, 1976.


Attorney(s) appearing for the Case

James A. Thompson, Asst. City Atty., Albuquerque, for respondents-appellants.

Sutin, Thayer & Browne, Irwin S. Moise, Albuquerque, Richard L.C. Virtue, Santa Fe, for respondents-in intervention-appellants.

Rodey, Dickason, Sloan, Akin & Robb, John P. Salazar, Bradford O. Baugh, Albuquerque, for petitioners and petitioner in intervention Albuquerque Home Builders Assn.

Modrall, Sperling, Roehl, Harris & Sisk, Paul M. Fish, Albuquerque, for petitioner-in intervention Albuquerque Board of Realtors.


OPINION

MONTOYA, Justice.

This suit was brought in the District Court of Bernalillo County to review a zone change approved by the Albuquerque City Commission. Judgment was entered reversing the decision of the Commission. The City and the intervening respondent New Mexico Municipal League (respondents) appeal.

The landowner James Thomas, Inc. (petitioner) wanted to be able to develop as one unit two adjacent parcels of land, one of which (17.82...

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