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BATTAGLINI v. TOWN OF RED RIVER

No. 14038.

669 P.2d 1082 (1983)

100 N.M. 287

Duane BATTAGLINI, Fred Smith, Verlyn Fisher and Tony Heiberger, Plaintiffs-Appellees and Cross-Appellants, v. The TOWN OF RED RIVER, New Mexico, Defendant-Appellant and Cross-Appellee.

Supreme Court of New Mexico.

Rehearing Denied September 28, 1983.

Attorney(s) appearing for the Case

Coppler & Walter, Frank R. Coppler, Santa Fe, Eugene Weisfeld, Taos, for appellant.

Simons, Cuddy & Friedman, Daniel H. Friedman, Thomas A. Simons IV, Santa Fe, Robert R. Fuentes, Corrales, for appellees.

Steven Barshov, Santa Fe, amicus curiae Municipal League.

Eaves & Darling, Peter F. Lindborg, Albuquerque, amicus curiae Donrey Outdoor Advertising.

OPINION

STOWERS, Justice.

The Town of Red River (Town) appeals from the trial court's judgment which held that NMSA 1978, Section 42A-1-34 (Repl. Pamp. 1981) is constitutional and is applicable to the Town's sign ordinance. The trial court found the Town's sign ordinance to be in contravention of state law and therefore unenforceable. The trial court then entered judgment enjoining enforcement of the ordinance. The Town appeals and the sign owners cross...

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