GRISHAM v. REEB

NO. S-1-SC-38336.

480 P.3d 852 (2020)

2021-NMSC-006

Michelle Lujan GRISHAM, Governor of New Mexico; Mark R. Shea, Secretary of the New Mexico Department of Public Safety; Kathyleen Kunkel, Secretary of the New Mexico Department of Health, Petitioners, v. Honorable David Peter REEB, District Court Judge, Ninth Judicial District Court, Respondent, and Sid Strebeck; SSET LLC d/b/a K-Bob'S Steakhouse; Jim Burleson; Terri Chrisman; Frontier Auto, Inc.; Kathy Diaz; Christopher and Michelle Kemp; Body & Sol Fitness, LLC; Kemp's Investments, LLC; Shelly Quartieri; Colfax Tavern & Diner, LLC; Joy Thompson; and J. Jones Massage, Real Parties in Interest.

Supreme Court of New Mexico.

Filing Date: November 5, 2020.


Attorney(s) appearing for the Case

Office of the Governor, Matthew L. Garcia , Chief General Counsel, Jonathan Jacob Guss , Deputy General Counsel, Santa Fe, NM, for Petitioners.

Office of the Attorney General, Hector H. Balderas , Attorney General, Santa Fe, NM, for Respondent.

Harrison & Hart, LLC, Carter B. Harrison, IV , Albuquerque, NM, for Real Parties in Interest.

Zach Cook, LLC, Zachary J. Cook , Ruidoso, NM, for Amici Curiae, Anaheim Jacks, LLC, Papa's Pawn, LLC, Jerri Diane Rowe.

Law Office of Angelo J. Artuso, Angelo J. Artuso , Albuquerque, NM Patrick J. Rogers, LLC, Patrick J. Rogers , Albuquerque, NM, for Amici Curiae, Representative James G. Townsend, Representative Rod Montoya, New Mexico, Cattle Growers Association, and New Mexico Business Coalition.


OPINION

{1} Although this case involves numerous parties, intersecting statutes, and intricate arguments, the key question raised is rather straightforward: Did New Mexico's Legislature empower Petitioners to enforce public health emergency orders restricting business operations through the civil penalty...

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