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WEST BLUFF v. CITY OF ALBUQUERQUE

No. 21,743.

50 P.3d 182 (2002)

132 N.M. 433

2002-NMCA-075

WEST BLUFF NEIGHBORHOOD ASSOCIATION, Grande Heights Neighborhood Association, and West Area Residents for Aesthetic and Responsible Expansion, New Mexico corporations, Petitioners-Appellants, v. CITY OF ALBUQUERQUE, a municipal corporation, Respondent-Appellee, and Geltmore, Inc., a New Mexico corporation, Interested Party, Wal-Mart Stores East, Inc.; Coors Limited, RRG; Richard B. Saylor; Susan J. Scarborough Saylor; Maureen Repetto, Trustee of the Maureen Repetto Revocable Living Trust; Susan Fayette Hutchinson, Co-Executor of the Estate of Barbara Novak; Dennis Novak, Co-Executor of the Estate of Barbara Novak; and Home Depot, Inc., Intervenors.

Court of Appeals of New Mexico.

Certiorari Denied July 9, 2002.

Attorney(s) appearing for the Case

Ann Berkley Rodgers, Peter C. Chestnut, Charles G. Berry, Charles G. Berry & Assoc., PA, Albuquerque, NM, for Appellants.

Robert M. White, City Attorney, David Suffling, Assistant City Attorney, Albuquerque, NM, for Appellee.

Victor R. Marshall, L. Helen Bennett, Victor R. Marshall & Associates, P.C., Albuquerque, NM, for Interested Party, Geltmore, Inc.

Richard Leverick, Leverick and Musselman, LLC, Albuquerque, NM, for Intervenor, Wal-Mart Stores East, Inc.

Catherine F. Davis, Julie J. Vargas, Hunt & Davis, P.C., Albuquerque, NM, for Intervenor, Home Depot, Inc.

Certiorari Denied, No. 27,553, July 9, 2002.

OPINION

BOSSON, Chief Judge.

{1} Three Albuquerque neighborhood associations (referred to collectively as West Bluff) oppose a retail shopping center in their neighborhood. The site development plan for the shopping center was approved by the City of Albuquerque and subsequently affirmed by the district court. This Court granted West Bluff's petition for a writ of certiorari challenging the site...

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