ALBUQUERQUE COMMONS v. CITY COUNCIL

Nos. 24,026, 24,027, 24,042.

149 P.3d 67 (2006)

2006-NMCA-143

ALBUQUERQUE COMMONS PARTNERSHIP, Petitioner-Appellee, v. CITY COUNCIL OF the CITY OF ALBUQUERQUE, Respondent-Appellant.

Court of Appeals of New Mexico.

Revised December 19, 2006.

Certiorari Granted November 29, 2006.


Attorney(s) appearing for the Case

Metter & LeCuyer, P.C., Stephen T. LeCuyer, Bryan & Flynn-O'Brien, George R. Pat Bryan III, Timothy V. Flynn-O'Brien, Albuquerque, NM, for Appellee.

Robert M. White, City Attorney, Mark Hirsch, Assistant City Attorney, Miller Stratvert P.A., Alice T. Lorenz, Campbell & Wells, P.A., John S. Campbell, Albuquerque, NM, Robinson & Cole, LLP, Dwight H. Merriam, James A. Wade, Gregory W. McCracken, Hartford, CT, for Appellant.

Cassutt, Hays & Friedman P.A., Kenneth J. Cassutt, Santa Fe, NM, Garvey, Schubert & Barer, Edward J. Sullivan, Carrie Richter, Portland, OR, for Amicus Curiae American Planning Association.

Anita P. Miller, Attorney at Law, P.C., Anita P. Miller, Albuquerque, NM, Noble & Wickersham, LLP, Jay Wickersham, Cambridge, MA, for Amicus Curiae Boston Society of Architects.

Keleher & McLeod, P.A., Richard L. Alvidrez, Albuquerque, NM, for Amicus Curiae Greater Albuquerque Chamber of Commerce.

New Mexico Municipal League, Inc., Randall D. Van Vleck, Santa Fe, NM, Freilich, Leitner & Carlisle, Robert H. Freilich, Robin A. Kramer, Elisa L. Paster, Kansas City, MO, for Amici Curiae New Mexico Municipal League, National League of Cities, and International Municipal Lawyers Association.


Certiorari Granted, No. 29,791, November 29, 2006.

OPINION

CASTILLO, Judge.

{1} On motion for rehearing, the opinion filed December 9, 2005, is withdrawn, and the following opinion is substituted in its place. Additionally, we append an order on rehearing, in which we address four issues argued in the motion for rehearing that were not developed in the original opinion, were not addressed, or need clarification. The motion is otherwise denied.

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