ALB. COMMONS PARTNERSHIP v. CITY COUNCIL

Nos. 24,042, 24,027, 24,425, 24,026.

212 P.3d 1122 (2009)

2009-NMCA-065

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

Court of Appeals of New Mexico.

Certiorari Granted, No. 31,724, July 1, 2009.

Certiorari Denied, No. 31,725, June 22, 2009.


Attorney(s) appearing for the Case

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

Robert M. White, City Attorney, Mark Hirsch, Assistant City Attorney, Lorenz Law, 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.


OPINION

CASTILLO, Judge.

{1} On motion for rehearing, the opinion filed October 30, 2008, is withdrawn, and the following opinion is substituted in its place. The motion for rehearing is otherwise denied.

{2} The operable event that forms the basis for these consolidated cases1 occurred over thirteen years ago when the Albuquerque City Council (City) adopted the 1995 Uptown Sector Plan (1995...

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