PALENICK v. CITY OF RIO RANCHO

No. 33,380.

306 P.3d 447 (2013)

2013-NMSC-029

James M. PALENICK, Plaintiff-Respondent, v. CITY OF RIO RANCHO, Defendant-Petitioner.

Supreme Court of New Mexico.

June 27, 2013.


Attorney(s) appearing for the Case

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

Law Office of Daniel Faber, Daniel M. Faber , Santa Fe, NM, for Respondent.

Peifer, Hanson & Mullins, P.A., Gregory P. Williams , Albuquerque, NM, for Amicus Curiae New Mexico Foundation for Open Government.


OPINION

MAES, Chief Justice.

{1} This appeal stems from the termination of Rio Rancho's City Manager, James Palenick (Palenick), and requires us to address the narrow issue of whether Palenick is estopped from pursuing a breach of contract claim against the City of Rio Rancho (the City) based on an alleged violation of the Open Meetings Act (OMA), NMSA 1978, Sections 10-15-1 to-4 (1974, as amended through 2009). We conclude that there is substantial...

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