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STATE EX REL. BATTERSHELL v. ALBUQUERQUE

No. 10317.

777 P.2d 386 (1989)

108 N.M. 658

STATE of New Mexico, ex rel. Jay BATTERSHELL and Stuart Tapper, Petitioners-Appellants, v. CITY OF ALBUQUERQUE, et al., Respondents-Appellees.

Court of Appeals of New Mexico.

May 30, 1989.

Attorney(s) appearing for the Case

Miguel P. Campos, Lorenzo E. Tapia, Law Offices of Tapia & Campos, Albuquerque, for petitioners-appellants.

James H. Foley, City Atty., Robert M. White, Paula I. Forney, Ass't City Attys., Albuquerque, for respondents-appellees.

OPINION

DONNELLY, Judge.

Petitioners appeal from an order of the district court affirming the city of Albuquerque's denial of a conditional use permit. Three issues are raised on appeal: (1) whether the City failed to comply with the provisions of its Comprehensive City Zoning Code (Zoning Code), to accord petitioners requisite due process; (2) whether the decisions of the Environmental Planning Commission (EPC) and city council overturning the decision...

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