GLASER v. LEBUS

No. 29,733.

274 P.3d 114 (2011)

2012-NMCA-028

Mr. and Mrs. Ron GLASER, Theresa Cull, Cheryl Host, Edmund Auerbach, Dr. and Mrs. Davis Spence, Donald R. Asher, Heidi Larsen, Brad Leonard, Ted Thrasher, Anne Daniels, Bryan and Lisalee Goss, William W. Mershon, Keith and Deborah Hillegond, and Mr. and Mrs. Bruce Charnley, Plaintiffs-Appellants, v. James L. LEBUS, Daniel E. Rakes, Charles Verry, Alan G. Young, Steven R. Oliver, The New Mexico Finance Authority, AUI, Inc., Angel Fire Resort Operations, LLC, and The Village of Angel Fire, Defendants-Appellees.

Court of Appeals of New Mexico.

June 16, 2011.


Attorney(s) appearing for the Case

Armstrong & Armstrong, P.C., Julia Lacy Armstrong , Roy L. Armstrong , Taos, NM, for Appellants.

Stelzner, Winter, Warburton, Flores, Sanchez & Dawes, P.A., Nann M. Winter , Albuquerque, NM, for Appellees LeBus, Rakes, Verry, Young, Oliver and Angel Fire Public Improvement District Board Members.

Sutin, Thayer & Browne, P.C., Mark Chaiken , Albuquerque, NM, for Appellee New Mexico Finance Authority.

Rodey, Dickason, Sloan, Akin & Robb, P.A., Alan Hall , Albuquerque, NM, for Appellee Angel Fire Resort Operations, LLC.

Canepa & Vidal, P.A., Joseph Canepa , Modrall, Sperling, Roehl, Harris & Sisk, P.A., Peter Franklin, Santa Fe, NM, for Appellee Village of Angel Fire.


OPINION

WECHSLER, Judge.

{1} In this appeal, we consider whether (1) a formation election under the Public Improvement District Act (PID Act), NMSA 1978, §§ 5-11-1 to -27 (2001, as amended through 2009), incorporates the election contest and recount procedures found in the Election Code, NMSA 1978, §§ 1-1-1 to 1-24-4 (1969, as amended through 2010), and (2) Plaintiffs' amended complaint constituted an election contest subject...

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