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MECHEM v. CITY OF SANTA FE

No. 13503.

634 P.2d 690 (1981)

96 N.M. 668

Richard S. MECHEM and Verna L. Mechem, his wife, Plaintiffs-Appellants, v. CITY OF SANTA FE, et al., Defendants-Appellees.

Supreme Court of New Mexico.

October 5, 1981.

Attorney(s) appearing for the Case

Sommer, Lawler & Scheuer, Joseph G. Lawler, Houston Lee Morrow, Santa Fe, for plaintiffs-appellants.

Coppler & Walter, Frank R. Coppler, Santa Fe, for defendants-appellees.

White, Koch, Kelly & McCarthy, Daniel H. Friedman, Santa Fe, amicus curiae.

OPINION

FEDERICI, Justice.

This is an appeal from the District Court of Santa Fe County. Appellant, Richard S. Mechem (Mechem), sought declaratory and injunctive relief from the effect of a restriction imposed in a special exception by the Board of Adjustment of Santa Fe (City) upon the person and property of Mechem. Mechem alleges that the personal restriction is unconstitutional, illegal, ultra vires and null and void. The parties stipulated to all pertinent...

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