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STATE EX REL. HANOSH v. NM ENV. IMPR. BD.

No. 28,175.

196 P.3d 970 (2008)

2008-NMCA-156

STATE of NEW MEXICO ex rel. George J. HANOSH; John Arthur Smith; Timothy Z. Jennings; Jim R. Trujillo; Bender Dealer Group, Inc., a New Mexico Corporation; Borman Motor Company Las Cruces, LLC, a New Mexico Limited Liability Company; Desert Sun Motors, Inc., a Delaware Corporation; Jack Key Motor Company, Inc., a New Mexico Corporation; Jack Key Motor Company Of Alamogordo, LLC, a New Mexico Limited Liability Company; and Scott Pipkin, Plaintiffs-Appellants, v. NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted, No. 31,363, November 17, 2008.

Attorney(s) appearing for the Case

Victor R. Marshall & Associates, P.C., Victor R. Marshall, Albuquerque, NM, for Appellants.

Gary K. King, Attorney General, Tania Maestas, Assistant Attorney General, Zachary Shandler, Assistant Attorney General, Santa Fe, NM, for Appellee.

OPINION

CASTILLO, Judge.

{1} A number of state legislators, car dealers, voters, and a farmer (Plaintiffs) filed a complaint in district court on November 27, 2007, against the Environmental Improvement Board (EIB). The complaint alleged that EIB did not have the authority to pass particular regulations relating to car emissions, 20.2.88.1 to 20.2.88.112 NMAC (12/31/07), and it requested a declaratory judgment to that effect, along with a temporary...

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