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SMITH v. BOARD OF COUNTY COM'RS

No. 28,374.

110 P.3d 496 (2005)

137 N.M. 280

2005-NMSC-012

Gerald L. SMITH, Plaintiff-Petitioner, v. BOARD OF COUNTY COMMISSIONERS, COUNTY OF BERNALILLO, Defendant-Respondent, and Henry R. Westrich, et al., Intervenors-Respondents.

Supreme Court of New Mexico.

April 22, 2005.

Attorney(s) appearing for the Case

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

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

Carter Law Firm, P.C., Carroll D. Carter, III, Albuquerque, Booth, Freret, Imlay & Tepper, P.C., Christopher D. Imlay, Silver Spring, MD, for Amicus Curiae American Radio Relay League, Incorporated.

Rhodes & Salmon, P.C., Hazen H. Hammel, Albuquerque, for Amicus Curiae Peter Naumburg.

OPINION

BOSSON, Chief Justice.

{1} Plaintiff Gerald Smith applied for and received a permit to build two 130-foot amateur radio towers on his residential property in the East Mountain area of Bernalillo County, New Mexico. The zoning ordinance did not expressly prohibit or restrict construction of the towers in that location, and supplementary regulations specifically exempted radio towers from height restrictions. After neighbors complained, the...

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