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CITY OF ALBUQUERQUE v. JACKSON

No. 7255.

684 P.2d 543 (1984)

101 N.M. 457

CITY OF ALBUQUERQUE, a municipal corporation, Plaintiff-Appellee, Cross-Appellant, v. James W. JACKSON, d/b/a Motel One, Defendant-Appellant, Cross-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied July 19, 1984.

Attorney(s) appearing for the Case

James P. Fitzgerald, Asst. City Atty., Albuquerque, for plaintiff-appellee, cross-appellant.

Richard V. Earl, McCulloch, Grisham & Lawless, P.A., Albuquerque, for defendant-appellant, cross-appellee.

OPINION

ALARID, Judge.

This appeal arises from a complaint to abate ordinance violations filed against defendant Jackson by the City of Albuquerque (City) on February 11, 1982. The City sought to abate Jackson's maintenance of a fifty-foot, free-standing advertising sign erected in violation of the City's zoning code which limits such signs to twenty-six feet in height. Jackson counterclaimed against the City alleging that the advertising sign regulation...

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