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HYDE PARK CO. v. SANTA FE CITY COUNCIL

Nos. 99-2079, 99-2084.

226 F.3d 1207 (2000)

HYDE PARK COMPANY, a New Mexico limited liability company, Plaintiff-Appellant, v. SANTA FE CITY COUNCIL; Peso Chavez, Councilor; Molly Whitted, Councilor; Amy Manning, Councilor; Frank Montano, Councilor; Larry Delgado, Councilor; Patti Bushee, Councilor; Chris Moore, Councilor, Art Sanchez, Councilor; Debbie Jaramillo, Mayor, Defendants-Appellees, and Greater Callecita Neighborhood Association; William A. Darkey; Richard Folks, Defendants-Intervenors-Appellees. Hyde Park Company, a New Mexico limited liability company, Plaintiff-Appellant, v. Frank Montano, Councilor; Larry Delgado, Councilor; Frederick M. Rowe; Patti Bushee, Councilor; Greater Callecita Neighborhood Association; Richard Folks, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 29, 2000.

Attorney(s) appearing for the Case

Jerry A. Walz (Karl H. Sommer of Sommer, Fox, Udall, Othmer, Hardwick & Wise, P.A., and Marianna G. Geer of Felker, Ish, Ritchie & Geer, P.A., Santa Fe, New Mexico, on the brief), Albuquerque, New Mexico, for Plaintiff-Appellant.

Nancy R. Long of Herrera, Long & Pound, P.A., and Frederick M. Rowe, Santa Fe, New Mexico, for Defendants-Appellees & Defendants-Intervenors-Appellees.

Before BALDOCK, McKAY, and ALARCON, Circuit Judges.

BALDOCK, Circuit Judge.

The narrow issue we must decide in this case is whether Plaintiff Hyde Park Company was entitled as a matter of federal constitutional law to approval of a proposed subdivision plat for land within the City of Santa Fe, New Mexico, where Hyde Park's proposed plat to Defendant Santa Fe City Council met all enumerated requirements for plat approval.

I.

Plaintiff Hyde Park Company owns certain real property within the City of...

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