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GALLUP WESTSIDE DEV., LLC v. CITY OF GALLUP

No. 22,308.

84 P.3d 78 (2003)

135 N.M. 30

2004-NMCA-010

GALLUP WESTSIDE DEVELOPMENT, LLC, and Hadden Construction Company, Inc., Appellants-Respondents, v. CITY OF GALLUP, a municipal corporation, Rosemarie "Shorty" Sandoval, Louis Bonaguidi, Pat Butler, Charlie Chavez, and John Pena, City Council And Mayor of City of Gallup, Philip Garcia, Charles High, Lidio Rainaldi, Jr., Phillip Gutierrez, Prakash Sundaram, John M. Fuhs, and Paul Graves, Planning and Zoning Commission of the City of Gallup, Appellees-Petitioners.

Court of Appeals of New Mexico.

Certiorari denied January 9, 2004.

Attorney(s) appearing for the Case

Robert W. Ionta, Gallup, NM, Peter V. Domenici, Jr., Lorraine A. Hollingsworth, Dolan & Domenici, P.C., Albuquerque, NM, for Appellants.

Thomas Lynn Isaacson, Mason, Isaacson & Macik, P.A., Gallup, NM, for Appellees.

Certiorari denied, SC28,435, January 9, 2004.

OPINION

CASTILLO, Judge.

{1} In spite of its long history and abundant record, this case has but one determinative question: Does Gallup Westside Development, LLC, (Westside) have vested rights in the development of Unit 3 of the Mentmore East subdivision, thus precluding the City of Gallup (City) from making any changes to the terms of an expired Assessment Procedure Agreement (APA) pertaining...

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