Sanchez v. Nat'l Distrib. Co.

12 Citing cases

  1. White Sands Constr. v. City of Las Cruces

    534 P.3d 1015 (N.M. Ct. App. 2023)   Cited 2 times

    Where the language is unambiguous, "we apply the statute as written." N.M. Real Estate Comm'n v. Barger , 2012-NMCA-081, ¶ 7, 284 P.3d 1112. Where, however, a statute is ambiguous, meaning that "reasonably informed persons can understand the statute as having two or more meanings," we turn to principles of statutory construction.

  2. Butkus v. Pub. Emp. Ret. Ass'n

    547 P.3d 758 (N.M. Ct. App. 2024)

    "[W]here the language of the legislative act is doubtful or an adherence to the literal use of words would lead to injustice, absurdity or contradiction, the statute will be construed according to its obvious spirit or reason, even though this requires the rejection of words or the substitution of others." N.M. Real Estate Comm’n v. Barger, 2012-NMCA-081, ¶ 7, 284 P.3d 1112 (internal quotation marks and citation omitted). Moreover, "[w]e consider all parts of the statute together, reading the statute in its entirety and construing each part in connection with every other part to produce a harmonious whole." Dep’t of Game & Fish v. Rawlings, 2019-NMCA-018, ¶ 6, 436 P.3d 741 (alterations, internal quotation marks, and citation omitted).

  3. Butkus v. Pub. Emps. Ret. Ass'n

    2024 NMCA 41 (N.M. Ct. App. 2024)

    "[W]here the language of the legislative act is doubtful or an adherence to the literal use of words would lead to injustice, absurdity or contradiction, the statute will be construed according to its obvious spirit or reason, even though this requires the rejection of words or the substitution of others." N.M. Real Estate Comm'n v. Barger, 2012-NMCA-081, ¶ 7, 284 P.3d 1112 (internal quotation marks and citation omitted). Moreover, "[w]e consider all parts of the statute together, reading the statute in its entirety and construing each part in connection with every other part to produce a harmonious whole."

  4. Wildearth Guardians v. N.M. Envtl. Improvement Bd.

    2024 NMCA 21 (N.M. Ct. App. 2023)   Cited 1 times

    Interpreting the cause and contribute standard to include a SIL-though it is not in the plain language of the regulation-is reasonable and consistent with the Board's guidelines and the EPA's interpretation of the standard. See N.M. Real Estate Comm'n v. Barger, 2012-NMCA-081, ¶ 7, 284 P.3d 1112 ("[W]here the language of the legislative act is doubtful or an adherence to the literal use of words would lead to injustice, absurdity or contradiction, the statute will be construed according to its obvious spirit or reason, even though this requires the rejection of words or the substitution of others."

  5. Trubow v. N.M. Real Estate Comm'n

    2022 NMCA 44 (N.M. Ct. App. 2022)   Cited 1 times

    {¶13}In its original form, Section 61-1-3.1(A) (1981) was an occurrence statute without a provision "tying the running of the limitations period to discovery of the underlying conduct." N.M. Real Est. Comm'n v. Barger, 2012-NMCA-081, ¶ 11, 284 P.3d 1112. That changed, however, when "[i]n 1993, the Legislature amended the statute to bar board action initiated later than two years after the discovery of the conduct."

  6. Halliburton Energy Servs. v. N.M. Taxation & Revenue Dep't

    No. A-1-CA-37978 (N.M. Ct. App. Feb. 15, 2022)

    "[W]here the language of the legislative act is doubtful or an adherence to the literal use of words would lead to injustice, absurdity or contradiction, the statute will be construed according to its obvious spirit or reason, even though this requires the rejection of words or the substitution of others." N.M. Real Estate Comm'n v. Barger, 2012-NMCA-081, ¶ 7, 284 P.3d 1112 (internal quotation marks and citation omitted).

  7. Par Five Servs. v. N.M. Tax. & Revenue Dep't

    2021 NMCA 25 (N.M. Ct. App. 2021)   Cited 4 times

    While we acknowledge that the 2019 version of the HWJTC is not controlling in this case because the statute was amended after taxpayers filed their applications for the HWJTC, we may nevertheless infer legislative intent from such an amendment. See N.M. Real Estate Comm'n v. Barger, 2012-NMCA-081, ¶ 18, 284 P.3d 1112 (explaining that courts may look to later amendments of statutes to aid in interpreting their meaning). For the foregoing reasons, we reverse the Par Five hearing officer's decision overturning the Department's denial under the career path promotion analysis.

  8. Maestas v. Town of Taos

    464 P.3d 1056 (N.M. Ct. App. 2019)   Cited 5 times

    "[W]here the language of the legislative act is doubtful or an adherence to the literal use of words would lead to injustice, absurdity or contradiction, the statute will be construed according to its obvious spirit or reason, even though this requires the rejection of words or the substitution of others." N.M. Real Estate Comm'n v. Barger , 2012-NMCA-081, ¶ 7, 284 P.3d 1112 (internal quotation marks and citation omitted). {19} The WPA provides that an employer that violates the WPA "shall" be required to pay the employee's reasonable attorney fees.

  9. Tucson Elec. Power Co. v. Taxation & Revenue Dep't

    456 P.3d 1085 (N.M. Ct. App. 2019)   Cited 21 times
    Stating that a recent amendment in the language of the statute elaborated on and helped clarify legislative intent

    "[W]here the language of the legislative act is doubtful or an adherence to the literal use of words would lead to injustice, absurdity or contradiction, the statute will be construed according to its obvious spirit or reason, even though this requires the rejection of words or the substitution of others." N.M. Real Estate Comm’n v. Barger , 2012-NMCA-081, ¶ 7, 284 P.3d 1112 (internal quotation marks and citation omitted). Moreover, "[w]e consider all parts of the statute together, reading the statute in its entirety and construing each part in connection with every other part to produce a harmonious whole."

  10. Peabody Coalsales Co. v. N.M. Taxation & Revenue Dep't

    No. A-1-CA-36632 (N.M. Ct. App. Jun. 12, 2019)

    "[W]here the language of the legislative act is doubtful or an adherence to the literal use of words would lead to injustice, absurdity or contradiction, the statute will be construed according to its obvious spirit or reason, even though this requires the rejection of words or the substitution of others." N.M. Real Estate Comm'n v. Barger, 2012-NMCA-081, ¶ 7, 284 P.3d 1112 (internal quotation marks and citation omitted). See City of Eunice, 2014-NMCA-085, ¶ 8 ("Tax statutes, like any other statutes, are to be interpreted in accordance with the legislative intent and in a manner that will not render the statutes' application absurd, unreasonable, or unjust."