CITY OF RIO RANCHO v. LOGAN

No. 26,829.

175 P.3d 949 (2007)

2008-NMCA-011

CITY OF RIO RANCHO, Plaintiff-Appellant, v. Gordon LOGAN, Defendant-Appellee.

Court of Appeals of New Mexico.

November 9, 2007.


Attorney(s) appearing for the Case

James C. Rabin, City Attorney, Margot J. Steadman, Deputy City Attorney, Kenneth J. Tager, Assistant City Attorney, Rio Rancho, NM, for Appellant.

Huffaker & Moffett LLC, Gregory D. Huffaker, Jr., Michael J. Moffett, Santa Fe, NM, for Appellee.


OPINION

CASTILLO, Judge.

{1} Plaintiff appeals the district court's dismissal of the complaint against Defendant, the owner of two telecommunications towers that Plaintiff alleges are public nuisances. In response to Plaintiffs motion for summary judgment, Defendant argued that the towers had been grandfathered in as legally permitted non-conforming uses under a 2004 city ordinance. The district court agreed with Defendant's interpretation of the ordinance...

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