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Smith v. City of Santa Fe

139 N.M. 410 (N.M. Ct. App. 2006)
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Smith v. City of Santa Fe

6 Citing cases

  1. Stennis v. City of Santa Fe

    140 N.M. 517 (N.M. Ct. App. 2006)   Cited 4 times

    FRY, Judge. {1} This case presents us with procedural and substantive issues almost identical to those recently addressed by this Court in Smith v. City of Santa Fe, 2006-NMCA-048, 139 N.M. 410, 133 P.3d 866, cert. granted, 2006-NMCERT-004, 139 N.M. 429, 134 P.3d 120. For the reasons set forth in Smith, we affirm the district court's determination that as a matter of law the City of Santa Fe (City) had the authority to prohibit Plaintiff from drilling a well that was previously approved by the Office of the State Engineer (OSE).

  2. Protection Advocacy System v. Albuquerque

    145 N.M. 156 (N.M. Ct. App. 2008)   Cited 21 times
    Explaining that an ordinance may duplicate or complement statutory regulations, but if the ordinance is inconsistent with a state statute, the state statute controls

    {46} We determine if a statute is a general law which expressly denies the municipality authority to act by using a two-step process. Smith v. City of Santa Fe, 2006-NMCA-048, ¶ 9, 139 N.M. 410, 133 P.3d 866, aff'd, 2007-NMSC-055, 142 N.M. 786, 171 P.3d 300. "In the first step, a court asks whether a state law is a general law, that is, a law that applies generally throughout the state, relates to a matter of statewide concern, and impacts inhabitants across the entire state."

  3. Smith v. City

    142 N.M. 786 (N.M. 2007)   Cited 85 times
    Holding that a declaratory judgment action cannot be used “to circumvent established procedures for seeking judicial review of a municipality's administrative decisions” and recognizing “no sound judicial policy for allowing a party aggrieved by an administrative decision to forego an available avenue of judicial review only to allow that same party to initiate judicial review in another form at some future date that no one can predict or rely upon with any certainty. Indeed, the efficient administration of justice requires just the opposite”

    FACTUAL AND PROCEDURAL BACKGROUND {2} As noted in the Court of Appeals' opinion in this case, see Smith v. City of Santa Fe, 2006-NMCA-048, 139 N.M. 410, 133 P.3d 866, the material facts of this case are undisputed. In 1999, the City of Santa Fe passed an ordinance that required any person wishing to drill a well within the City's municipal water service area to apply for a domestic well permit.

  4. Stennis v. City of Santa Fe

    143 N.M. 320 (N.M. 2008)   Cited 26 times
    Holding that whether a city has the authority to enact a particular statutory scheme is a purely legal question

    Id. 128 (citing Smith v. City of Santa Fe, 2006-NMCA-048, ¶¶ 6-25, 139 N.M. 410, 133 P.3d 866). The instant case differs because, prior to Stennis's application for an SE permit, the Legislature explicitly gave municipalities the authority to regulate domestic wells, provided that municipalities adhere to certain procedures.

  5. Espinoza v. City of Albuquerque

    2019 NMCA 14 (N.M. Ct. App. 2018)   Cited 3 times
    In Espinoza, we characterized the NMFA as a general law that "applies generally throughout the state, relates to a matter of statewide concern, and impacts everyone across the entire state."

    A general law "applies generally throughout the state, relates to a matter of statewide concern, and impacts inhabitants across the entire state." Smith v. City of Santa Fe , 2006-NMCA-048, ¶ 9, 139 N.M. 410, 133 P.3d 866 ; see Apodaca v. Wilson , 1974-NMSC-071, ¶ 16, 86 N.M. 516, 525 P.2d 876 (emphasizing that in order "to control or limit municipal enactments, the general law must be of general concern to the people of the state"). {16} An example of a general law is a statute governing utility rate-making, which is a matter of statewide rather than local concern "because a proposed service rate for one municipality can affect rates to other municipalities in the state."

  6. Titus v. City of Albuquerque

    2011 NMCA 38 (N.M. Ct. App. 2011)   Cited 34 times
    Recognizing that use of the term “may” evokes discretion

    The New Mexico Constitution provides home rule municipalities with the right to exercise all legislative powers not expressly denied by general law or charter. Smith v. City of Santa Fe, 2006-NMCA-048, ¶ 8, 139 N.M. 410, 133 P.3d 866 (citing N.M. Const. art. X, § 6(D)). "A municipality, including a home rule municipality that has adopted a charter pursuant to Article 10, Section 6 of the [C]onstitution of New Mexico, may by ordinance . . . define a nuisance, abate a nuisance and impose penalties upon a person who creates or allows a nuisance to exist[.]" NMSA 1978, § 3-18-17(A) (2009).