STATE v. WILSON

No. S-1-SC-38510.

2021-NMSC-022

STATE OF NEW MEXICO, KATHYLEEN KUNKEL, in her official capacity as the Secretary of the Department of Health, and MICHELLE LUJAN GRISHAM, in her official Capacity as the Governor of New Mexico, Petitioners, v. HON. MATTHEW WILSON, First Judicial District Court Judge, HON. ERIN B. O'CONNELL, Second Judicial District Court Judge, HON. BEATRICE J. BRICKHOUSE, Second Judicial District Court Judge, HON. MARCI BEYER, Third Judicial District Court Judge, HON. JARED G. KALLUNKI, Fifth Judicial District Court Judge, HON. THOMAS E. LILLEY, Fifth Judicial District Court Judge, HON. MATTHEW G. REYNOLDS, Seventh Judicial District Court Judge, HON. MATTHEW E. CHANDLER, Ninth Judicial District Court Judge, HON. DAVID P. REEB, Ninth Judicial District Court Judge, HON. CURTIS R. GURLEY, Eleventh Judicial District Court Judge, and HON. ELLEN R. JESSEN, Twelfth Judicial District Court Judge, Respondents, and PEREZ ENTERPRISES, LLC, ELITE FITNESS & TANNING, LLC, COWBOY CAFE, LLC, MAD MAC, LLC, HM PROPERTIES, LLC, CAMPE2, LLC, ELI'S BISTRO, INC., DAVID HETT, SPORTS ADVENTURE, KRK PROPERTIES, LLC, ALLSTAR AUCTION CO., LLC, OOPS A DAISY FLORAL LTD., BEDONIE CASKET LTD., CO., LONE TREE, INC., MAUGER ESTATES B&B, GRAND AVENUE ENTERPRISES, LLC, HINKLE FAMILY FUN CENTER, LLC, SANTA FE OXYGEN & HEALING BAR, LLC, and APOTHECARY RESTAURANT, LLC, Real Parties in Interest.

Supreme Court of New Mexico.

Released for Publication July 20, 2021.


Attorney(s) appearing for the Case

Hector H. Balderas , Attorney General, Nicholas M. Sydow , Civil Appellate Chief, Neil R. Bell , Assistant Attorney General, Erin Elizabeth Lecocq , Assistant Attorney General, Santa Fe, NM.

Office of the Governor Matthew L. Garcia , Chief General Counsel, Holly Agajanian , Chief General Counsel, Kyle P. Duffy , Associate General Counsel, Maria S, Dudley , Associate General Counsel, Santa Fe, NM, for Petitioners.

Western Agriculture Resource and Business Advocates, LLP, A. Blair Dunn , Jared Robert Vander Dussen , Albuquerque, NM, for Real Parties in Interest.


OPINION

{1} The petition before the Court presents another case challenging the extent of the executive branch's actions in relation to the ongoing COVID-19 pandemic. Here, we must determine as a matter of law whether the State's public health orders (PHOs) may support a claim for just compensation...

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