Hearing Requested on Motion to Dismiss

The City’s Motion to Dismiss Counts 1-3 has been submitted to Judge Franchini and a hearing requested. The attorney for the City, Tim Atler, states in the filings that appellants should be allowed only an administrative appeal (Count 4). We disagree and hope Judge Franchini allows the pertinent questions of law being raised in Counts 1-3 to be heard. These questions of law have implications affecting the citizens of Albuquerque and how our City Council and Planning Department operate. These are:

Count 1)          DRB is expected to act in a quasi-judicial manner for approval of site plan applications.

Count 2)          OMA – City violated the Open Meetings Act in the DRB by not disclosing ex parte communications and at the LUHO and City Council levels by meeting via Zoom calls when state is in emergency shut down.

Count 3)          IDO Section 1-10(B) and City’s interpretation of it to determine the zoning at the time of application is the standard for the developer and thus neighborhood edges did not apply is incorrect and not consistent with state law.

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