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HIGH BIDGE HINKLE JT. VENT. v. ALBUQUERQUE

Nos. 14606, 14665.

888 P.2d 475 (1994)

119 N.M. 29

HIGH RIDGE HINKLE JOINT VENTURE and Gene Hinkle, Petitioners-Appellees/Cross-Appellants, v. The CITY OF ALBUQUERQUE, Pauline Gubbels, Deborah Lattimore, Michael Brasher, Herb Hughes, Ruth Adams, Steve Gallegos, Tim Kline, Vince Griego, and Alan Armijo, Respondents-Appellees/Cross-Appellees, Embudo Canyon Neighborhood Association, Intervenor-Appellant/Cross-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied December 7, 1994.

Attorney(s) appearing for the Case

George R. "Pat" Bryan, III, Timothy V. Flynn-O'Brien, Bryan & Flynn-O'Brien, Albuquerque, for petitioners-appellees/cross-appellants.

David S. Campbell, City Atty., Katherine C. Pearson, Acting City Atty., Carolyn S. Fudge, Asst. City Atty., Albuquerque, for respondents-appellees/cross-appellees.

Ethelinda Dietz, Albuquerque, for intervenor-appellant/cross-appellee.

OPINION1

HARTZ, Judge.

The parties' briefs on appeal present several challenging issues regarding the City of Albuquerque zoning code. Matters of procedure, however, determine the outcome of this appeal. Therefore, we present in some detail the procedural posture of this case.

I. PROCEDURAL HISTORY

For approximately eleven years Gene Hinkle and High Ridge Hinkle Joint Venture (collectively referred to...

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