(DOWNLOAD) "High Ridge Hinkle Joint Venture v. City of Albuquerque" by New Mexico Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: High Ridge Hinkle Joint Venture v. City of Albuquerque
- Author : New Mexico Supreme Court
- Release Date : January 03, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
ORIGINAL PROCEEDING ON CERTIORARI Gerald R. Cole, District Judge OPINION {1} High Ridge Hinkle Joint Venture (Hinkle) appeals from a zoning decision of the appellee, City of Albuquerque (City) through its Council. The City's first decision on the interpretation of the ordinance in question was remanded to it after an appeal to the Court of Appeals. High Ridge Hinkle Joint Venture v. City of Albuquerque, 119 N.M. 29, 888 P.2d 475 (Ct. App. 1994) [hereinafter Hinkle I]. The City's second interpretation was made in February 1995, and Hinkle again appealed to the Court of Appeals, which affirmed the ruling. High Ridge Hinkle Joint Venture v. City of Albuquerque, 1997-NMCA-046, 123 N.M. 394, 940 P.2d 1189. We granted certiorari on May 29, 1997, High Ridge Hinkle Joint Venture v. City of Albuquerque, No. 24,297 (1997), and reverse the Court of Appeals. {2} Hinkle is the owner of a large tract of land zoned C-2 under the Albuquerque Zoning Code. See Albuquerque, N.M., Comprehensive City Zoning Code § 7-14-22 (1991) [hereinafter Zoning Code]. In 1991, he sought to improve a portion of the property by building a miniature golf course and arcade with go-carts and bumper boats. The Zoning Enforcement Officer (ZEO) ruled that the planned go-carts and bumper- boats were an appropriate conditional use of the property. The ruling was upheld by the Environmental Planning Commission, but the City reversed.
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