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PARKER v. BD. OF CTY. COM'RS, ETC.

No. 12444.

603 P.2d 1098 (1979)

93 N.M. 641

Tony S. PARKER, Plaintiff-Appellant, v. BOARD OF COUNTY COMMISSIONERS OF DONA ANA COUNTY, Defendant-Appellee.

Supreme Court of New Mexico.

December 21, 1979.

Attorney(s) appearing for the Case

Anthony F. Avallone, Las Cruces, for appellant.

Joseph M. Holmes, Asst. Dist. Atty., Las Cruces, for appellee.

OPINION

PAYNE, Justice.

Appellant filed an action for declaratory judgment in the district court challenging the constitutionality of portions of the Dona Ana County Subdivision Regulations. The trial court granted summary judgment. We affirm.

Appellant subdivided land into a Type 3 classification under Section 47-6-2(M), N.M.S.A. 1978 (Cum.Supp. 1979), and Section II-49 of the county subdivision regulations. To receive county approval and to meet...

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