{21} Bellamah is part of a continuum of New Mexico appellate court opinions that have required that similar challenges to zoning decisions must be brought in a timely manner. See Bogan, 119 N.M. at 341, 890 P.2d at 402; McCabe v. Hawk, 97 N.M. 622, 624, 642 P.2d 608, 610 (Ct.App. 1982) (avoiding discussion of a zoning exception being void by applying the doctrine of laches); see also Nesbit v. City of Albuquerque, 91 N.M. 455, 459-60, 575 P.2d 1340, 1344-45 (1977) (allowing direct challenge to a zoning decision by permitting petitioners' intervention into the case three years after permit was granted; court rejected claim of jurisdictional error but instead decided that petitioner's "application was deemed timely since [they] had no notice of the judgment until actual construction began"). These later cases, like Bogan, reflect a trend in modern New Mexico jurisprudence that discourages the indiscriminate use of terms such as jurisdictional error and voidness to describe what amounts to little more than an agency acting contrary to statute, an error that must be challenged in a timely manner.
In our judgment, challenges to such defects may be precluded by waiver, estoppel, or laches. See Millbrae Ass'n for Residential Survival v. Millbrae, 262 Cal.App.2d 222, 69 Cal.Rptr. 251 (1968) (failure to refer amendment to recommendations to planning commission); Creston v. Center Milk Prods. Co., 243 Iowa 611, 51 N.W.2d 463 (1952) (failure to publish order); Edel v. Filer Township, Manistee Cy., 211 N.W.2d 547 (Mich. Ct. App. 1973) (failure to pass resolution of intent to proceed under the enabling statute and failure to maintain a book of ordinances, as required by statute); Walker v. Biloxi, 229 Miss. 890, 92 So.2d 227 (1957) (inadequate notice); Taylor v. Schlemmer, 353 Mo. 687, 183 S.W.2d 913 (1944) (improper notice, improper title of ordinance); Struyk v. Samuel Braen's Sons, 17 N.J. Super. 1, 85 A.2d 279 (1951) (no written report, as required by statute); Benequit v. Monmouth Beach, 125 N.J.L. 65, 13 A.2d 847 (1940) (published in unqualified newspaper); McCabe v. Hawk, 97 N.M. 622, 642 P.2d 608 (Ct. App. 1982) (improper notice); and 2525 East Ave., Inc. v. Brighton, 33 Misc.2d 1029, 228 N.Y.S.2d 209, aff'd, 17 A.D.2d 908, 233 N.Y.S.2d 759 (1962) (question of notice). See also 8A E. McQuillin, Municipal Corporations ยง 25.291 (3d ed. 1986).