COM'RS OF COUNTY OF BERNALILLO v. BENAVIDEZ

No. 29,853.

292 P.3d 482 (2012)

2013-NMCA-015

BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF BERNALILLO, Plaintiff-Appellant, v. Ivan BENAVIDEZ, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied December 5, 2012, No. 33,831.


Attorney(s) appearing for the Case

Jeffrey S. Landers , Bernalillo County Attorney, Eric W. Schuler , Assistant County Attorney, Natalia R. Sanchez , Assistant County Attorney, Albuquerque, NM, for Appellant.

Joshua R. Simms, P.C., Joshua R. Simms , Albuquerque, NM, for Appellee.


OPINION

BUSTAMANTE, Judge.

{1} At issue in this case is whether counties may enact ordinances which conflict directly with state statutes reflecting the State of New Mexico's free range or "fence-out" approach to livestock management. Holding that they cannot, we affirm the district court's dismissal of the criminal complaint filed against Defendant Ivan Benavidez by the County of Bernalillo.

BACKGROUND

{2} The...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases