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Taos Municipal Schools Charter School v. Davis

136 N.M. 543 (N.M. Ct. App. 2004)
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Taos Municipal Schools Charter School v. Davis

4 Citing cases

  1. Zuni Pub. Sch. Dist. # 89 v. State Pub. Educ. Dep't

    2012 NMCA 48 (N.M. Ct. App. 2012)   Cited 4 times

    {3} The Public School Finance Act, NMSA 1978, §§ 22–8–1 to –48 (1967, as amended through 2011), “governs the operational funding of New Mexico's public schools.” Taos Mun. Schs. Charter Sch. v. Davis, 2004–NMCA–129, ¶ 10, 136 N.M. 543, 102 P.3d 102,abrogated on other grounds by Smith v. City of Santa Fe, 2007–NMSC–055, 142 N.M. 786, 171 P.3d 300. An overview and history of funding for public schools is found in Lynn Carrillo Cruz, No Cake for Zuni: The Constitutionality of New Mexico's Public School Capital Finance System, 37 N.M. L.Rev. 307, 314–24 (2007).

  2. 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”

    " Id. ¶ 5 (citation omitted). To support its decision to avoid the question of jurisdiction, the Court relied on Taos Municipal Schools Charter School v. Davis, 2004-NMCA-129, 136 N.M. 543, 102 P.3d 102. However, for the reasons that follow, we do not believe Taos supports the approach taken by the Court of Appeals in this case.

  3. Zuni Pub. Sch. Dist. v. State Pub. Educ. Dep't

    Opinion Number: 2012-NMCA-048 (N.M. Ct. App. Feb. 6, 2012)

    {3} The Public School Finance Act, NMSA 1978, §§ 22-8-1 to -48 (1967, as amended through 2011), "governs the operational funding of New Mexico's public schools." Taos Mun. Schs. Charter Sch. v. Davis, 2004-NMCA-129, ¶ 10, 136 N.M. 543, 102 P.3d 102, abrogated on other grounds by Smith v. City of Santa Fe, 2007-NMSC-055, 142 N.M. 786, 171 P.3d 300. An overview and history of funding for public schools is found in Lynn Carrillo Cruz, No Cake for Zuni: The Constitutionality of New Mexico's Public School Capital Finance System, 37 N.M. L. Rev. 307, 314-24 (2007).

  4. Smith v. City of Santa Fe

    139 N.M. 410 (N.M. Ct. App. 2006)   Cited 6 times
    In Smith, we observed that "[limitations on home rule authority are evaluated in a two-step process[:]" (1) whether the State law is a general law in that it "applies generally throughout the state, relates to a matter of statewide concern, and impacts the inhabitants across the entire state"; and (2) "whether the general law expressly denies the City's power to prohibit the drilling of domestic wells permitted by the OSE."

    While the question of jurisdiction is debatable, a full analysis of this issue is not necessary because our disposition on the merits fully resolves the case. See Taos Mun. Sch. Charter Sch. v. Davis, 2004-NMCA-129, ¶ 6, 136 N.M. 543, 102 P.3d 102 ("Because a decision on this jurisdictional issue is not necessary in light of our ruling on the merits . . ., we will address the merits . . . and leave the complex and interesting issue of jurisdiction to another day."). Accordingly, we assume, without deciding, that the district court had jurisdiction to entertain Plaintiffs' declaratory judgment action, and we now explain our analysis of the merits of this case.