The City has retained attorney Tim Atler of the Atler Law Firm for its representation in the case. The case is before District Court Judge Nancy Franchini.
A legal appeal in District Court is the next step in accordance with state law to address concerns about a decision arising from an administrative process (NM Statute 39-3-1.1).
After the City’s decision to approve a 3-story, 93-unit apartment complex in the middle of a single-family residential area that for decades was intended to have a low-density development, a legal suit was filed to appeal that administrative decision. In addition, the suit raises important questions of law that have broader implications regarding what is permissible under the new IDO [Integrated Development Ordinance] and NM state law. These include the questions about how the Development Review Board operates, what is permissible under the NM Open Meetings Act, and the handling of the Neighborhood Edge provisions for the residential properties adjacent to the site.
A legal appeal was filed in District Court on Wednesday, June 17, 2020. This lawsuit has strong representation of homeowners and neighborhood associations. The suit is an appeal of the administrative decision and has additional complaints that originate at the District Court level.