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STATE EX REL. HAYNES v. BONEM

No. 20319.

845 P.2d 150 (1992)

114 N.M. 627

STATE of New Mexico, ex rel. Dr. Allan HAYNES, Jr., Dr. Ken Merritt, Dr. Jacob Moberly, David Williams and Charles Wade, Petitioners, v. Hon. David W. BONEM, District Judge, Ninth Judicial District, Respondent. The Clovis City Commission, and Dr. James Moss, Chad Lydick, Mike Johnson, Charlie Anderson, Bill Bollinger, Isidro Garcia, Robert Moeno and Gordon Smith, as members of the Clovis City Commission, Real Parties in Interest.

Supreme Court of New Mexico.

November 16, 1992.

Attorney(s) appearing for the Case

Warren F. Frost, Clovis, for petitioners.

David F. Richards, Van Soelen, Greig, Gutierrez & Richards, Clovis, for real parties in interest.

Judith A. Olean, Gen. Counsel, New Mexico Municipal League, Santa Fe, Steven Barshov, Sive, Paget & Riesel, New York City, for amicus curiae.

OPINION

MONTGOMERY, Justice.

We issued an alternative writ of prohibition in this case to consider an important question relating to the legislative powers of home rule municipalities under New Mexico law: whether a home rule municipality may provide for a different number of members of its governing body than the number prescribed by the Municipal Code.1 More specifically, the question is whether the City of Clovis, a...

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