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LEWIS v. CITY OF SANTA FE

No. 23,849.

108 P.3d 558 (2005)

137 N.M. 152

2005-NMCA-032

Darryl LEWIS, Petitioner-Appellant, v. The CITY OF SANTA FE, and Wal-Mart Stores, Inc., Respondents-Appellees.

Court of Appeals of New Mexico.

January 27, 2005.

Attorney(s) appearing for the Case

Barry Green, Santa Fe, NM, for Appellant.

Bruce Thompson, City Attorney, Santa Fe, NM, for Appellee City of Santa Fe.

Frank T. Herdman, Brenden J. Murphy, Rubin Katz Law Firm, P.C., Santa Fe, NM, for Appellee Wal-Mart Stores, Inc.

OPINION

KENNEDY, Judge.

{1} Petitioner Darryl Lewis filed an appeal with the district court seeking review of an administrative action of the City of Santa Fe (the City), by which Wal-Mart Stores, Inc., (Wal-Mart) was authorized to develop a gasoline filling station on one of its existing properties. The district court dismissed the appeal on grounds that it constituted an impermissible collateral attack on a preexisting judgment. We granted Petitioner...

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