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STATE EX REL. HUNING v. LOS CHAVEZ ZON.

No. 12408.

604 P.2d 121 (1979)

93 N.M. 655

STATE of New Mexico ex rel. John L. HUNING, Edeal Dairy, Inc., Van Tol Farms, Huning Land Trust, Nicholas Duran de Chavez Company and Johanna C. Othart, Plaintiffs-Appellees, v. LOS CHAVEZ ZONING COMMISSION, composed of: J. Phillip Castillo, Jose I. Garcia, Wilma Berlier, Mitzi Smith and Calvin Botiver, and each of them, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied December 26, 1979.

Attorney(s) appearing for the Case

Thomas C. Esquibel, Dist. Atty., Los Lunas, for appellants.

Keleher & McLeod, John B. Tittmann, Albuquerque, for appellees.

OPINION

FEDERICI, Justice.

Plaintiffs brought this action in quo warranto under § 44-3-1, et seq., N.M.S.A. 1978, in the District Court of Valencia County, challenging the validity of the Los Chavez Zoning District, pursuant to the Special Zoning District Act, § 3-21-15, et seq., N.M.S.A. 1978.

Plaintiffs contend that the formation of the Los Chavez Zoning District which occurred approximately two years prior to the filing of the action...

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