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RICCI v. BERNALILLO COUNTY BD.

No. 30,264.

266 P.3d 646 (2011)

2011-NMCA-114

Nick RICCI, Lynda Ricci, Meade Estate Neighborhood Association, Frank Chavez, William Aceves, Jr., William Aceves, Irma Aceves, Deborah Hall, Kenneth Tisdale, Daniel Ortega, and Roxanne Ortega, Petitioners-Appellants, v. BERNALILLO COUNTY BOARD OF COUNTY COMMISSIONERS, Respondent-Appellee, and Albuquerque Excavators, Inc., Loretta Chavez, and William F. Davis, Interested Parties.

Court of Appeals of New Mexico.

October 4, 2011.

Attorney(s) appearing for the Case

Oman & Yntema P.A., Hessel E. Yntema, III , Albuquerque, NM, for Appellants.

Bernalillo County, Jeffrey Landers , County Attorney, Patrick F. Trujillo , Deputy County Attorney, Albuquerque, NM, for Appellee.

OPINION

SUTIN, Judge.

{1} Petitioners-Appellants (Petitioners), who are neighbors of property to be developed into a residential subdivision were unsuccessful in their attempt, before the Bernalillo County Board of County Commissioners (the board), to stop a developer from removing certain material in the ground before construction of the subdivision. The material being removed had commercial value in and of itself. The board approved issuance...

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