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GARCIA v. VILLAGE OF TIJERAS

No. 9424.

767 P.2d 355 (1988)

108 N.M. 116

Melvin L. GARCIA, Raymond A. Sanchez, David J. Wilson, Margaret H. Amacker and Duke City Pit Bull Terrier Club, Inc., a non-porfit New Mexico corporation, Plaintiffs-Appellants, v. The VILLAGE OF TIJERAS, a municipality of the State of New Mexico, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied December 6, 1988.

Attorney(s) appearing for the Case

Billy R. Blackburn, Michael Ushijima, Albuquerque, for plaintiffs-appellants.

Charles J. Crider, Matthews, Crider, Calvert & Bingham, P.C., Albuquerque, for defendant-appellee.

Dale C. Christensen, Jr., Mark J. Hyland, Heidi B. Goldstein, Seward & Kissel, New York City, Louis P. McDonald, Albuquerque, for the American Kennel Club, Inc., as Amicus Curiae.

OPINION

BIVINS, Judge.

Plaintiffs appeal from a judgment upholding the constitutionality of an ordinance of the Village of Tijeras, New Mexico, banning the ownership or possession of a breed of dog "known as American Pit Bull Terrier." They challenge the ordinance on the grounds that it: (1) is void for vagueness; (2) violates substantive and procedural due process; and (3) provides for the taking of private property without just compensation.

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