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AMERICAN CIVIL LIBERTIES UNION v. ALBUQUERQUE

No. 24763.

992 P.2d 866 (1999)

128 N.M. 315

1999-NMSC-044

AMERICAN CIVIL LIBERTIES UNION OF NEW MEXICO, Erin Hartsock, Sam Clarke, Angelina Clarke, Jarrett Hines-Kay, Willy Lusk-Claiborne, Terry Cottle, Jamie Stout and Yvette Stout, Plaintiffs-Appellees and Cross-Appellants, v. CITY OF ALBUQUERQUE, Defendant-Appellant and Cross-Appellee.

Supreme Court of New Mexico.

November 17, 1999.

Attorney(s) appearing for the Case

Krehbiel, Bannerman, Horn & Hisey, P.A., Phil Krehbiel, Rikki L. Quintana, Albuquerque, Gregory S. Wheeler, Albuquerque, for Appellant and Cross-Appellee.

Cates & Hammel, P.C., Kathryn Hammel, Los Lunas, Mark R. Horton, Clovis, Philip B. Davis, Albuquerque, for Appellees and Cross-Appellants.

OPINION

SERNA, Justice.

{1} The City of Albuquerque (City) appeals from the district court's order, entered in response to the parties' cross-motions for summary judgment, holding that the City's juvenile Curfew Ordinance (Curfew) violates the New Mexico Constitution and is also preempted by the State Children's Code. The district court denied the City's motion for a stay pending appeal. The American Civil Liberties Union of New Mexico, children,...

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