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CHAPMAN v. LUNA

No. 14867.

678 P.2d 687 (1984)

101 N.M. 59

John J. CHAPMAN, Troy H. Elliott and N. Altom, Petitioners-Appellants, v. Robert E. LUNA, Ph.D., Ann Hyde, Erika Kones, Jonathan Samet, Ph.D., Gary Lewis, James Montoya and Mike Creusere, as members of the Alb/Bern County Air Quality Control Board, City of Albuquerque and the Board of County Commissioners of Bernalillo, Respondents-Appellees.

Supreme Court of New Mexico.

March 13, 1984.

Attorney(s) appearing for the Case

Bruce E. Pasternack, Michael J. Condon, Albuquerque, for petitioners-appellants.

Gary O'Dowd, City Atty., Barbara W. Stephenson, Asst. City Atty., Albuquerque, Brown, Bain & Bingaman, Philip R. Higdon, Santa Fe, Hunter L. Geer, Joe Diaz, Albuquerque, for respondents-appellees.

OPINION

RIORDAN, Justice.

John J. Chapman, Troy H. Elliott, and N. Altom (Petitioners) filed suit in district court seeking a declaratory judgment that the operation and enforcement of the joint Albuquerque-Bernalillo County Motor Vehicle Emissions Inspection Program (Program) is unlawful. After a non-jury trial, the district court dismissed Petitioners' complaint and entered an order upholding the Program. Petitioners appeal. We affirm in part and reverse...

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