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ESPINOZA v. CITY OF ALBUQUERQUE

No. A-1-CA-35908.

435 P.3d 1270 (2018)

2019-NMCA-014

Wilfredo ESPINOZA, Plaintiff-Appellant, v. CITY OF ALBUQUERQUE, Defendant-Appellee.

Court of Appeals of New Mexico.

Filing Date: December 5, 2018.

Attorney(s) appearing for the Case

Mescall Law Firm, P.C., Thomas J. Mescall, II , Phillip Patrick Baca , Albuquerque, NM, for Appellant.

Jessica M. Hernandez , City Attorney, Jeffrey B. Driggers , Assistant City Attorney, Andrew S. Coon , Assistant City Attorney, Albuquerque, NM, for Appellee.

C. Brad Lane-Cates , Attorney, Brad Cates , Fairacres, NM, Institute for Justice, Robert Frommer, Arlington, VA, for Amici Curiae Arlene Harjo.

OPINION

{1} This case requires us to resolve whether the New Mexico Forfeiture Act (NMFA), NMSA 1978, §§ 31-27-1 to -11 (2002, as amended through 2015), preempts the City of Albuquerque's (the City) civil forfeiture ordinance, Albuquerque, N.M., Rev. Ordinances ch. 7, art.VI, §§ 7-6-1 to...

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