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THOMPSON v. McKINLEY COUNTY

No. 19119.

816 P.2d 494 (1991)

Clarence Lyle THOMPSON and Tomada Enterprises, Inc., Plaintiff-Appellants, v. McKINLEY COUNTY, et al., Defendants-Appellants.

Supreme Court of New Mexico.

August 20, 1991.

Attorney(s) appearing for the Case

Robert W. Ionta, Gallup, for plaintiffs-appellants.

R. David Pederson, Gallup, for defendant-appellee McKinley County.

James L. Parmelee, Jr., Gallup, for defendant-appellee City of Gallup.

OPINION

BACA, Justice.

Clarence Thompson and Tomada Enterprises, Inc., plaintiffs below and owners of retail liquor establishments with drive-up windows, appeal the dismissal of their complaint against McKinley County and the city of Gallup in an action seeking to declare unconstitutional NMSA 1978, Section 60-7A-1(F) (Cum.Supp. 1990, as amended 1991 N.M. Laws, ch. 255).1 That subsection of the Liquor Control Act, NMSA 1978,...

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