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GUTIERREZ v. CITY OF ALBUQUERQUE

Nos. 13419, 13264.

631 P.2d 304 (1981)

96 N.M. 398

Mary Ann GUTIERREZ, et al., Plaintiffs-Appellees, v. CITY OF ALBUQUERQUE, David Rusk, Mayor of the City of Albuquerque, City Council, Marion Cottrell, President of the City Council, Defendants-Appellants, v. ELLIOTT ENTERPRISES, INC., a New Mexico corporation, Intervenor-Appellant. STATE of New Mexico, ex rel. Rosie DE LA FUENTE, Petitioner, v. Hon. W. John BRENNAN, District Judge, Respondent.

Supreme Court of New Mexico.

Rehearing Denied July 22, 1981.

Attorney(s) appearing for the Case

George R. "Pat" Bryan, City Atty., Barbara G. Stephenson, Beth McLellan, Asst. City Attys., Albuquerque, for defendants-appellants and respondent.

Robert H. Scott, Albuquerque, for intervenor-appellant.

Larry L. Lamb, Ray M. Vargas, Tito Chavez, Albuquerque, for plaintiffs-appellees and petitioner.

Sutin, Thayer & Browne, LaFel E. Oman, Kevin V. Reilly, Santa Fe, amicus curiae.

OPINION

EASLEY, Chief Justice.

Two cases are consolidated in this appeal. It is unnecessary to sort out the procedural morass by which these cases have come before us. Suffice it to say that in one case, brought by various citizens of Albuquerque (Petitioners), the district judge ruled that a meeting of the City Council of Albuquerque, at which the application of Elliott Enterprises, Inc. (Elliott), for permission to sell alcoholic beverages within 300 feet...

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