New Mexico Court of Appeals Reinstates Zuni Tribe Right to Challenge Land Use Decision

Here is the opinion in Zuni Indian Tribe v. McKinley Co. Bd. of Co. Comm’rs.

An excerpt:

The New Mexico Subdivision Act (the Act), NMSA 1978, §§ 47-6-1 to -29 (1973, as amended through 2009), governs the subdivision review and approval process by counties. The appeals provision of the Act, Section 47-6-15(B), provides that a party adversely affected “by a decision of the board of county commissioners may appeal to the district court pursuant to the provisions of [NMSA 1978, §] 39-3-1.1 [(1999)]”—the statute governing administrative appeals. In this case, we address whether a county’s approval or disapproval of a preliminary subdivision plat application constitutes a final, appealable decision for purposes of Section 47-6-15(B) of the Act. We also decide whether a timely filed appeal from a decision on a preliminary plat application is rendered moot simply because the county proceeded to approve the final plat application during the pendency of the appeal.

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This entry was posted in Author: Matthew L.M. Fletcher, Research and tagged , , . Bookmark the permalink.

One Response to New Mexico Court of Appeals Reinstates Zuni Tribe Right to Challenge Land Use Decision

  1. Pingback: New Mexico Court of Appeals Reinstates Zuni Tribe Right to Challenge Land Use Decision | Round House Talk

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