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DOWNTOWN NEIGHBORHOODS v. ALBUQUERQUE

No. 10341.

783 P.2d 962 (1989)

109 N.M. 186

DOWNTOWN NEIGHBORHOODS ASSOCIATION, Petitioner-Appellee, v. CITY OF ALBUQUERQUE, Respondent-Appellant. The Whitehouse Partnership, Intervenor-Appellant.

Court of Appeals of New Mexico.

November 7, 1989.

Attorney(s) appearing for the Case

Karl H. Sommer, Kurt H. Sommer, Sommer, Udall & Hardwick, P.A., Santa Fe, for petitioner-appellee.

James H. Foley, City Atty., Edward R. Pearson, Asst. City Atty., Albuquerque, for respondent-appellant.

Philip B. Davis, Chris Key, Albuquerque, for intervenor-appellant.

OPINION

MINZNER, Judge.

On appellee's motion for rehearing, the prior opinion is withdrawn, and the following is substituted.

The City of Albuquerque (City) and The Whitehouse Partnership (Whitehouse) appeal from a district court decision reversing the grant of a variance by the Albuquerque City Council (City Council). Pursuant to NMSA 1978, Section 3-21-9 (Repl. 1985), the Downtown Neighborhoods Association (DNA) petitioned the district court to...

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