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ACP v. CITY OF ALBUQUERQUE

No. 22,402.

62 P.3d 317 (2002)

133 N.M. 226

2003-NMCA-022

ALBUQUERQUE COMMONS PARTNERSHIP, Petitioner-Appellee, v. CITY OF ALBUQUERQUE, Respondent-Appellant, and Inez Neighborhood Assn., Mark Twain Neighborhood Assn., New Kimo Neighborhood Assn., Zuni Neighborhood Assn., and The Uptown Assn., Inc., Interested Parties.

Court of Appeals of New Mexico.

October 3, 2002.

Attorney(s) appearing for the Case

Timothy V. Flynn-O'Brien, George R. "Pat" Bryan, III, Bryan & Flynn-O'Brien, Albuquerque, NM, for Appellee.

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

Paul M. Kienzle, III, Scott & Kienzle, P.A., John P. Salazar, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM, for Interested Parties.

OPINION

ALARID, Judge.

{1} This case presents this Court with the question of whether the present appeal to the district court from an adverse decision of a municipal zoning authority has resulted in a final, appealable order. The issue of finality is complicated in the present case because the petition for judicial review of the zoning authority's decision also asserted claims for money damages against the zoning authority, one of which is still...

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