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ZUNI INDIAN TRIBE v. BD. OF COUNTY COM'RS

No. 31,496.

300 P.3d 133 (2013)

2013-NMCA-041

ZUNI INDIAN TRIBE, Plaintiff-Appellant, v. McKINLEY COUNTY BOARD OF COUNTY COMMISSIONERS, Defendant-Appellee, and Tampico Springs Ranch 3000, LLC, Intervenor-Appellee.

Court of Appeals of New Mexico.

January 24, 2013.

Attorney(s) appearing for the Case

Samuel D. Gollis, Attorney at Law, P.C., Samuel D. Gollis , Albuquerque, NM, Jane Marx , Attorney at Law, P.C., Jane Marx, Albuquerque, NM, for Appellee.

Mason & Issacson, P.A., James Jay Mason , Gallup, NM, for Appellant.

OPINION

VANZI, Judge.

{1} The New Mexico Subdivision Act (the Act), NMSA 1978, §§ 47-6-1 to -29 (1973, as amended through 2009), governs the subdivision review and approval process by counties. The appeals provision of the Act, Section 47-6-15(B), provides that a party adversely affected "by a decision of the board of county commissioners may appeal to the district court pursuant to the provisions of [NMSA 1978, §] 39-3-1.1 [...

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