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SMITH v. BOARD OF COUNTY COM'RS

No. 22,766.

82 P.3d 547 (2003)

134 N.M. 737

2004-NMCA-001

Gerald L. SMITH, Plaintiff-Appellant, v. BOARD OF COUNTY COMMISSIONERS, County of Bernalillo, Defendant-Appellee, Henry R. Westrich, et al., Intervenors-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted December 19, 2003.

Attorney(s) appearing for the Case

Edward Ricco, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM, for Appellant.

Tito D. Chavez, County Attorney, Patrick F. Trujillo, Assistant County Attorney, Albuquerque, NM, for Appellee.

C.D. Carter, III, Carter Law Firm, P.C., Albuquerque, NM, Christopher D. Imlay, Booth, Freret, Imlay & Tepper, P.C., Silver Spring, MD, for Amicus Curiae.

Certiorari Granted, No. 28,374, December 19, 2003.

OPINION

WECHSLER, Chief Judge.

{1} The opinion filed in this case on September 23, 2003 is hereby withdrawn and the following submitted therefor. The motion for rehearing is otherwise denied.

{2} In this appeal, we consider the proper interpretation of the Bernalillo County zoning ordinance and a related limited federal preemption doctrine...

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