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SAYLOR v. VALLES

No. 22,027.

63 P.3d 1152 (2002)

133 N.M. 432

2003-NMCA-037

Richard B. SAYLOR, Albert and Gloria Kolb, Sylvia Mock, Paul Tulenko, Val Peterson, Darlene Garrett, Dawn Gastaldo, Merrill B. Thomas, H. Ernestine Thomas, and Geltmore, Inc., Plaintiffs-Appellants, v. Joe VALLES, Richard Kirschner, personally and as Trustee of the Richard Kirschner Trust, Bob McCannon, Robert Pratt, West Bluff Neighborhood Association, a New Mexico Nonprofit Corporation, Grande Heights Neighborhood Association, a New Mexico Nonprofit Corporation, and West Area Residents For Aesthetic And Responsible Expansion Association, a New Mexico Nonprofit Corporation, Defendants-Appellees.

Court of Appeals of New Mexico.

October 29, 2002.

Attorney(s) appearing for the Case

Victor R. Marshall, L. Helen Bennett, Victor R. Marshall & Associates, P.C., Albuquerque, NM, for Appellants.

Stanley N. Hatch, Judd C. West, Hatch, Allen & Shepherd, P.A., Albuquerque, NM, for Appellee Joe Valles.

Michael H. Harbour, Shannon A. Parden, Madison, Harbour, Mroz & Brennan, P.A., Albuquerque, NM, for Appellee Richard Kirschner.

Steven M. Jakob, Jakob & Associates, P.C., Albuquerque, NM, for Appellee Bob McCannon.

Jane Gagne, Cooperating Attorney for the ACLU of New Mexico, Philip B. Davis, Co-Legal Director & Cooperating Attorney for the ACLU of New Mexico, Cooperating Attorneys of the New Mexico Civil Liberties Foundation, Albuquerque, NM, for Appellees West Bluff Neighborhood Assoc., Grande Heights Neighborhood Assoc., and West Area Residents for Aesthetic & Responsible Expansion.

Eric Scott Jeffries, Jeffries & Rugge, P.C., Albuquerque, NM, for Appellee Robert Platt.

Patricia A. Madrid, Attorney General, Elizabeth A. Glenn, Assistant Attorney General, Santa Fe, NM, Amicus Curiae.

OPINION

CASTILLO, Judge.

{1} This case relates to efforts to develop a retail shopping center at I-40 and Coors Boulevard in Albuquerque. Plaintiffs supported the project and Defendants opposed it. After the Albuquerque City Council (Council) approved the development plan, Defendants filed an appeal with district court. Plaintiffs then filed a separate nine count complaint against Defendants. The district court granted Defendants' Rule 1-012(B)(6...

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