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TEMPLE BAPTIST CHURCH v. CITY OF ALBUQUERQUE

No. 13613.

646 P.2d 565 (1982)

98 N.M. 138

TEMPLE BAPTIST CHURCH, INC., et al., Plaintiffs-Appellees, Donrey Outdoor Advertising, Intervenor-Appellee, v. CITY OF ALBUQUERQUE, a municipal Corporation, and David Rusk, Mayor of the City of Albuquerque, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied June 15, 1982.

Attorney(s) appearing for the Case

George R. Pat Bryan, III, City Atty., Charles N. Estes, Jr., James P. Fitzgerald, Asst. City Attys., Albuquerque, for defendants-appellants. Eaves & Darling, John M. Eaves, Albuquerque, for intervenor-appellee.

Melton & Puccini, Louis Puccini, Jr., Timothy Flynn-O'Brien, Modrall, Sperling, Roehl, Harris & Sisk, George T. Harris, Jr., James P. Houghton, Albuquerque, for plaintiffs-appellees.

Steven Barshov, Santa Fe, amicus curiae, New Mexico Municipal League.

OPINION

SOSA, Senior Justice.

The City of Albuquerque (City) appeals the district court's judgment declaring unconstitutional the Albuquerque, N.M., Rev. Ordinances, ch. 7, art. XIV, 1974 (1980), (hereinafter Code) pertaining to the regulation of signs, and permanently enjoining enforcement of those regulations against appellees.

The issues on appeal are:

I. Whether the City failed to preserve the issues for appellate review;

II....

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