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MANDEL v. CITY OF SANTA FE

No. 15679.

894 P.2d 1041 (1995)

119 N.M. 685

Henry MANDEL, Plaintiff-Appellee/Cross-Appellant, v. CITY OF SANTA FE, Santa Fe City Council, Mayor Sam Pick, Councilor Ouida MacGregor, Councilor Phillip Griego, Councilor Frank Montano, Councilor Larry Delgado, Councilor Arthur Sanchez, Councilor Steven Farber, Councilor Debbie Jaramillo, and Councilor Peso Chavez, Defendants-Appellants/Cross-Appellees.

Court of Appeals of New Mexico.

April 24, 1995.

Attorney(s) appearing for the Case

Karl H. Sommer, Sommer, Fox, Udall, Othmer, Hardwick & Wise, P.A., Santa Fe, MacDonnell Gordon, Gordon & Larson, Santa Fe, for plaintiff-appellee/cross-appellant.

Janet E. Clow, Carolyn R. Glick, White, Koch, Kelly & McCarthy, P.A., Santa Fe, for defendants-appellants/cross-appellees.

OPINION

PICKARD, Judge.

This case concerns the development of two-story residences in the Westside-Guadalupe historic district of Santa Fe. The developer's (Mandel) plan was denied by the City of Santa Fe's zoning authorities and the City Council (City). The district court reversed the City's denial of permits on the basis that "by changing the rules in the middle of the game, the City played unfairly," thereby denying Mandel his right to due process...

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