MILES v. BOARD OF COUNTY COM'RS

No. 18186.

964 P.2d 169 (1998)

125 N.M. 608

1998-NMCA-118

Gary MILES and Patience O'Dowd, Plaintiffs-Appellees, v. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SANDOVAL, New Mexico, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied August 13, 1998.


Attorney(s) appearing for the Case

Hessel E. Yntema, III, Oman, Gentry & Yntema, P.A., Albuquerque, for Plaintiffs-Appellees.

Theodore C. Baca, Sandoval County Attorney, Bernalillo, for Defendant-Appellant.


OPINION

BOSSON, Judge.

{1} We address the level of notice required by both state statute and principles of constitutional due process when a county commission adopts a comprehensive zoning ordinance. Because we determine that the adoption of a comprehensive zoning ordinance serves a legislative, as opposed to an adjudicative function, we hold that the generalized notice afforded in this instance did not violate any due process rights of the protesting property...

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