(Download) "Bolin v. City of Portales" by New Mexico Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: Bolin v. City of Portales
- Author : New Mexico Supreme Court
- Release Date : January 28, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
The rezoning of the south half of Block 24 to C-1 came to the attention of the petitioners, who are adjacent property owners, in November 1973 when the owner of the block sought to have the north half of the block rezoned from R-2 to C-1. As a result of the petitioners objections to the city council, the owner of the block requested that something be done to assure the validity of the new comprehensive zoning ordinance. Consequently, the council decided on January 2, 1974 to readvertise Ordinance 387 for hearing and readoption. Two amendments to Ordinance 387 had been enacted by that time, so they were included in the readoption procedure. These minor amendments are of no consequence to the issues before us and we will consider the readoption of Ordinance 387 only. Notice was duly published in the local newspaper on February 4, 1974, including a copy of the zoning map as adopted on April 3, 1973. On February 19, 1974, the hearing was held, and Ordinance 387 was readopted by a vote of 5 to 3, over the protests of the owners of property within 100 feet of the south half of Block 24 (exclusive of rights of way). On March 18, 1974, the petitioners filed in the District Court of Roosevelt County their petition for a writ of certiorari to review the zoning decision, pursuant to § 14-20-7, N.M.S.A. 1953 (Repl. Vol. 3, 1968). After a hearing, the district court dismissed the petition with prejudice, and the petitioners have appealed that decision to this court.
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