Case Record Provided to Counsel

Assistant City Attorney Nicole Sanchez provided the “Record Proper” for the case to counsel. The 677-page record will be the source for citations in the briefing our attorney will file that expands on the issues raised in the suit.

Interestingly, we learned from the “Record Proper” that there were about 30 public comment submissions from concerned neighbors objecting to the project that were submitted via the City’s website prior to the May 18 City Council meeting but never reached the Councilors.  This set of documents is identified in the record as “Documents Submitted But Not Provided to Councilors.”  Thank you to all of the neighbors who took the time to make these submissions! 

Example of submission in advance of May 18 City Council meeting that the Councilors did not see.

More about the Legal Appeal

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.

Legal Appeal Filed

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.