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JOHNSON v. CITY OF ALAMOGORDO

No. 22550.

910 P.2d 308 (1996)

121 N.M. 232

Harold R. JOHNSON, et al., Plaintiffs-Appellants, v. CITY OF ALAMOGORDO, et al., Defendants-Appellees.

Supreme Court of New Mexico.

January 16, 1996.

Attorney(s) appearing for the Case

Steven K. Sanders, Albuquerque, for Appellants.

George R. "Pat" Bryan, III, Timothy V. Flynn-O'Brien, Albuquerque, for Appellees.

OPINION

FROST, Justice.

1. This case addresses an issue of first impression in New Mexico: whether, in a home-rule municipality, an ordinance changing the rates that a city-owned utility charges is subject to popular review by referendum. We decide that such an ordinance is not subject to a referendum.

I. FACTS

2. In 1977 the City of Alamogordo, New Mexico, passed revenue bond Ordinance 555 to finance city water and sewer improvements...

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