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LANTZ v. SANTA FE EZA

No. 23,138, 23,143.

94 P.3d 817 (2004)

136 N.M. 74

2004-NMCA-090

Lee LANTZ and Gloria Lantz, Plaintiffs-Respondents/Appellees, v. SANTA FE EXTRATERRITORIAL ZONING AUTHORITY, Defendant-Petitioner/Appellant, and Sheltered Living, Inc., Real Party in Interest-Petitioner/Appellant.

Court of Appeals of New Mexico.

May 13, 2004.

Attorney(s) appearing for the Case

W. Anthony Sawtell, Bryan P. Biedscheid, Sawtell, Wirth & Biedscheid, P.C., Santa Fe, for Appellees.

Steven L. Tucker, Tucker Law Firm, P.C., Santa Fe, for Appellant Sheltered Living, Inc.

OPINION

FRY, J.

{1} The parties dispute the application of a zoning ordinance that places limits on non-conforming uses of land within a residential zone. Defendant Sheltered Living, Inc. (SLI) obtained administrative approval for a new modular building to be used as office space for its residential care facility, a commercial enterprise that is permitted as a non-conforming use because it predates the existence...

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