CITY OF SANTA FE v. TOMADA

No. 32,407.

318 P.3d 189 (2013)

2014-NMCA-022

The CITY OF SANTA FE, Plaintiff-Appellee, v. Gary TOMADA, Director of the Alcohol and Gaming Division of the State of New Mexico Regulation and Licensing Department, and Western Refining Southwest, Inc., Defendants-Appellants.

Court of Appeals of New Mexico.

November 14, 2013.


Attorney(s) appearing for the Case

Geno Zamora , City Attorney, Mark L. Allen , Assistant City Attorney, Santa Fe, NM, for Appellee.

Gary K. King , Attorney General, Andrea R. Buzzard , Assistant Attorney General, Santa Fe, NM, for Appellant Gary Tomada.

Montgomery & Andrews, P.A., Suzanne C. Odom , Seth C. McMillan , Andrew S. Montgomery , Santa Fe, NM, for Appellant Western Refining Southwest, Inc.


OPINION

BUSTAMANTE, Judge.

{1} The issue in this case involves the proper way to measure the distance between a school and a "licensed premise" in which liquor is sold. The Director of the Alcohol and Gaming Division approved the transfer of a liquor license applying the Division's longstanding regulation and method of measurement. The district court disagreed, holding that the regulation conflicted with the Liquor Control Act's method of measurement...

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