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ANDALUCIA DEV'T v. CITY OF ALBUQUERQUE

No. 28,407.

234 P.3d 929 (2010)

2010-NMCA-052

ANDALUCIA DEVELOPMENT CORPORATION, INC., a New Mexico corporation, and SPS Investments, LC, a New Mexico limited liability company, Appellees-Respondents, v. The CITY OF ALBUQUERQUE, a municipal corporation, and the Albuquerque City Council, the governing body of the City of Albuquerque, Appellants-Petitioners.

Court of Appeals of New Mexico.

April 28, 2010.

Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, P.A., John P. Salazar, Edward R. Ricco, Amanda C. Sanchez, Albuquerque, NM, for Appellees.

Robert W. White, City Attorney, Mark A. Hirsch, Deputy City Attorney, Kevin J. Curran, Assistant City Attorney, Albuquerque, NM, for Appellants.

OPINION

KENNEDY, Judge.

{1} Pursuant to a writ of certiorari, requested by the City of Albuquerque, we review the district court's application of a municipal impact fee ordinance and its attendant regulations. The ordinance at issue, passed on December 10, 2004, by the City of Albuquerque and the Albuquerque City Council (City), exempts developers from paying impact fees when they possess development rights that vested prior to the ordinance...

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