AMERICAN LEGION POST NO. 49; Roger Boger; Carlisle Bennett Post No. 13; Luther Otero; Fraternal Order of Police; Benito Gonzales; Veterans of Foreign Wars Post No. 2951; Johnny Romero; John Does 1-15; Fleet Reserve Association (Doe # 1); John E. Johnston (Doe # 2); Albuquerque Lodge No. 461 BPOE; Veterans of Foreign Wars Post No. 3280; BPOE 2083; Veterans of Foreign Wars Post No. 9515; Veterans of Foreign Wars Post No. 3224; BPOE 460; Veterans of Foreign Wars Post No. 401; Veterans of Foreign Wars Post No. 7686; Veterans of Foreign Wars Post No. 3015, Petitioners-Appellants/Cross-Appellees, and
American Legion Post No. 100; American Legion Post No. 99; East Heights Moose Lodge 2241; Disabled American Veterans Chapter 3; American Legion Post No. 72; Loyal Order of Moose Lodge 1517; Santa Fe Fraternal Eagles 2811; Española Fraternal Eagles 3695; Fraternal Order of Eagles 4101; Solo Club Inc.; Gallup Elks Lodge No. 1440; Rio Rancho Veterans of Foreign Wars Post No. 5890; Rio Rancho Elks Lodge No. 2500; Rio Rancho American Legion Post No. 118; Alamogordo Lodge 1897 of BPOE; Fraternal Order of Police Lodge 1; Veterans of Foreign Wars Post No. 3242; American Legion Post No. 122; Club National Key Club, Intervenors-Appellants/Cross-Appellees,
v.
Mary Ann S. HUGHES, Director, Alcohol and Gaming Division, Regulation and Licensing Department; Robert L. Ortiz, Director, Special Investigations Division, Department of Public Safety; and Department of Public Safety; Respondents-Appellees/Cross-Appellants.
Court of Appeals of New Mexico.https://leagle.com/images/logo.png
November 23, 1994.
Certiorari Granted March 15, 1995.
Certiorari Quashed July 25, 1995.
Attorney(s) appearing for the Case
Michael E. Vigil, Marchiondo & Vigil, P.A., Albuquerque, for petitioners-appellants.
David Norvell, The Norvell Law Firm, Albuquerque, for Intervenors Veterans of Foreign Wars Post No. 6216; Roswell Veterans of Foreign Wars Post No. 2575; Rio Rancho Elks Lodge No. 2500; Gallup Elks Lodge No. 1440; American Legion Post No. 118; Veterans of Foreign Wars Post No. 5890; East Heights Moose Lodge 2241; and Alamogordo Lodge No. 1897 of B.P.O.E.
Chris G. Lackmann, Albuquerque, for Intervenor American Legion Post No. 99.
Robert B. Martinez, Albuquerque, for Intervenors Loyal Order of Moose Lodge 1517; Fraternal Order of Eagles 4101; Solo Club, Inc.; Fraternal Order of Police Lodge No. 1; Veterans of Foreign Wars Post No. 3242; Club National Key Club; and American Legion Post No. 122.
George E. Adelo, Santa Fe, for Intervenors Santa Fe Fraternal Order of Eagles 2811; and Española Fraternal Order of Eagles 3695.
John J. Schoeppner, Albuquerque, for Intervenors Disabled American Veterans Chapter 3; American Legion Post No. 72; and American Legion Post No. 100.
Tom Udall, Atty. Gen., Joel Cruz-Esparza, Asst. Atty. Gen., Santa Fe, for respondents-appellees.
Court of Appeals of New Mexico.
OPINION
PICKARD, Judge.
Several charitable and fraternal organizations (the Clubs) licensed to conduct certain games of chance under the Bingo and Raffle Act (the Act), NMSA 1978, Sections 60-2B-1 to -14 (Repl.Pamp.1991), brought suit for declaratory judgment requesting that their practice of exchanging pull tabs for free games won on certain video machines they operated be declared a permissible "game of chance" under the Act. The district court...
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