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CHAPMAN v. LUNA

No. 15553.

701 P.2d 367 (1985)

102 N.M. 768

John J. CHAPMAN, et al., Plaintiffs-Appellants, and Cross-Appellees, v. Robert E. LUNA, Ph.D., et al., Defendants-Appellees, and Cross-Appellants, and Hamilton Test Systems, Inc., Intervenor-Appellee.

Supreme Court of New Mexico.

June 11, 1985.

Attorney(s) appearing for the Case

Bruce E. Pasternack, Albuquerque, for plaintiffs-appellants, and cross-appellees.

Gary O'Dowd, City Atty. and Charles Brideau, Asst. City Atty., Albuquerque, for defendant-appellee City of Albuquerque.

Hunter Geer, Joe Diaz, Albuquerque, for defendant-appellee County of Bernalillo.

Sutin, Thayer & Browne, Philip Higdon, Santa Fe, for Hamilton Test Systems.

OPINION

FEDERICI, Chief Justice.

Plaintiffs-Appellants (plaintiffs) filed suit in the Bernalillo County District Court seeking a declaratory judgment that the operation and enforcement of the joint Albuquerque/Bernalillo County Motor Vehicle Emission Inspection Program (Program) was unlawful. The district court dismissed the complaint and upheld the Program. Plaintiffs appealed the dismissal to this Court which, in Chapman v. Luna,

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