CITY OF LAS CRUCES v. ROGERS

No. 30,785.

215 P.3d 728 (2009)

2009-NMSC-042

CITY OF LAS CRUCES, Plaintiff-Appellant, v. Lauren ROGERS, Defendant-Appellee.

Supreme Court of New Mexico.

August 7, 2009.


Attorney(s) appearing for the Case

Harry Sinclair Connelly, Jr., Jared Abrams, Las Cruces, NM, for Appellant.

Hugh W. Dangler, Chief Public Defender, Susan Roth, Assistant Appellate Defender, Santa Fe, NM, for Appellee.


OPINION

MAES, Justice.

{1} The sole issue presented in this appeal is whether the City of Las Cruces (City) has the authority to enforce Las Cruces Municipal Code (LCMC) 1998, Section 27-12-6-12.1(A) (2004, prior to 2007 amendment), which prohibits individuals from driving while under the influence of intoxicating liquor (DWI) on private property without the written consent of the property owner under...

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