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CITY OF LAS CRUCES v. HUERTA

No. 7538.

692 P.2d 1331 (1984)

102 N.M. 182

CITY OF LAS CRUCES, a New Mexico Municipal Corporation, Plaintiff-Appellee, v. Daniel HUERTA, Pastor of, and Apostolic Tabernacle de Las Cruces, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Denied December 31, 1984.

Attorney(s) appearing for the Case

Robert B. Kelley, Deputy City Atty., Las Cruces, for plaintiff-appellee.

Robert E. Robles, Evans & Robles, P.A., Las Cruces, Daniel Jon Loomis, Gibbs & Craze Co., L.P.A., Parma Heights, Ohio, for defendants-appellants.

OPINION

DONNELLY, Chief Judge.

Appellant Apostolic Tabernacle de Las Cruces (Church) appeals from an order of the district court restraining it from operating a school on its church premises in Las Cruces contrary to the city zoning code. The Church raises three issues on appeal: (1) claim that the operation of a school is an incidental or accessory use of its church premises; (2) claim that the operation of a school is a preexisting use of its church premises...

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