(DOWNLOAD) "Deer Mesa Corp. v. Los Tres Valles Special Zoning District Commission" by New Mexico Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Deer Mesa Corp. v. Los Tres Valles Special Zoning District Commission
- Author : New Mexico Court of Appeals
- Release Date : January 05, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
This appeal involves the Special Zoning District Act (the Act), NMSA 1978, Sections 3-21-15 to -26 (Repl.1985). Deer Mesa Corporation (Deer Mesa) sued Los Tres Valles Special Zoning District Commission (District) and the Board of County Commissioners of Taos County (County). The complaint stated alternative and different theories of relief, NMSA 1978, Civ.P. Rule 8(a) (Repl. Pamp.1980), including a request for declaratory judgment. The trial court ruled that the Act was "unconstitutional on its face in that it unconstitutionally delegates power to private persons and allows arbitrary exercise of power by individuals." The County did not appeal; the appellant is the District. We discuss: (1) procedural matters, and (2) unconstitutional delegation.
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