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N.M. GAMEFOWL ASS'N v. STATE EX REL. KING

No. 28,388.

215 P.3d 67 (2009)

2009-NMCA-088

NEW MEXICO GAMEFOWL ASSOCIATION, INC.; Charles Kent Bullock, d/b/a Bullock's Feed; Don Spearman, d/b/a DD Animal Nutrition and Supply; Tony T. Ortega, d/b/a Messilla Valley Feeds; Johnny Unias Montoya, d/b/a Johnny's Service Station; Raul Trevino, d/b/a Lewallen Supply; and Pradip D. Bhakta, d/b/a Hilltop Inn, Plaintiffs-Appellants, v. STATE of New Mexico ex rel. Gary KING; Faron Segotta; The Honorable Bill Richardson; Does 1-40, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied, No. 31,764, July 14, 2009.

Attorney(s) appearing for the Case

Fitch & Tausch, LLC, Thomas G. Fitch, Socorro, NM, Mark L. Pollot, Boise, ID, for Appellants.

Gary K. King, Attorney General, David K. Thomson, Assistant Attorney General, Eric R. Miller, Assistant Attorney General, Scott Fuqua, Assistant Attorney General, Santa Fe, NM, for Appellees.

OPINION

CASTILLO, Judge.

{1} This matter comes before the Court on Plaintiffs' constitutional challenges to the New Mexico cockfighting ban dictated by NMSA 1978, Sections 30-18-1 and-9 (2007). The district court dismissed the complaint based on Plaintiffs' lack of standing and the determination that the challenged statutes were constitutional. Although we hold that the district court erred with respect to its ruling on associational standing...

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