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PALENICK v. CITY OF RIO RANCHO

No. 30,136.

270 P.3d 1281 (2011)

2012-NMCA-018

James M. PALENICK, Plaintiff-Appellant, v. CITY OF RIO RANCHO, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted, February 6, 2012, No. 33,380.

Attorney(s) appearing for the Case

Daniel M. Faber , Albuquerque, NM, for Appellant.

Montgomery & Andrews, P.A., Randy S. Bartell , Holly Agajanian , Santa Fe, NM, for Appellee.

Dines & Gross PC, Gregory P. Williams , Albuquerque, NM, for Amicus Curiae N.M. Foundation for Open Government.

OPINION

SUTIN, Judge.

{1} After the City of Rio Rancho (the City) was informed by the New Mexico Attorney General that its termination of Plaintiff James Palenick as its City Manager violated the Open Meetings Act (the Act), NMSA 1978, §§ 10-15-1 to -4 (1974, as amended through 2009), the City, in a meeting eleven months after the termination, passed a resolution attempting to retroactively cure the violation. Plaintiff sued on two...

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