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CERRILLOS GRAVEL v. BOARD OF COUNTY COM'RS

No. 28,780.

117 P.3d 932 (2005)

2005-NMSC-023

CERRILLOS GRAVEL PRODUCTS, INC., and Brad Aitken, Plaintiffs-Petitioners, v. BOARD OF COUNTY COMMISSIONERS OF SANTA FE COUNTY, Defendant-Respondent, and Rural Conservation Alliance, Intervenor-Respondent.

Supreme Court of New Mexico.

July 18, 2005.

Attorney(s) appearing for the Case

Comeau, Maldegen, Templeman & Indall, L.L.P., Joseph E. Manges, Santa Fe, NM, for Petitioners.

Basham & Basham, P.C., Mark A. Basham, Office of the County Attorney, Stephen C. Ross, Santa Fe, NM, for Respondent Board of County Commissioners.

Humphrey & Ode, P.C., Connie Ode, Mary E. Humphrey, El Prado, NM, for Respondent Rural Conservation Alliance.

OPINION

BOSSON, Chief Justice.

{1} The Santa Fe County Board of County Commissioners (Board or County) voted to suspend a mining use permit the County had previously issued to Cerrillos Gravel Products, Inc. (Cerrillos Gravel). On appeal, the district court ruled that the County did not have statutory authority to suspend or revoke the permit in an administrative hearing, but instead had to seek relief in district court, such as filing for an injunction...

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