CITY of ALBUQUERQUE
TWENTY SEVENTH COUNCIL
COUNCIL BILL NO. M-26-1 ENACTMENT NO. ___________________
SPONSORED BY: Dan Lewis
MEMORIAL
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Urging The State Legislature To Amend Standing Requirements For Zoning Appeals (Lewis)
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WHEREAS, the New Mexico Constitution enshrines municipal home rule power, emphasizing that municipalities enjoy maximum local self-government and that a liberal construction should be given to the powers of municipalities; and
WHEREAS, the New Mexico Constitution further states that a municipality may exercise all legislative powers and perform all functions not expressly denied by general law or charter; and
WHERAS, New Mexico law enumerates the powers of municipalities, including the power to enter into contracts or leases, acquire and hold property, protect its property and its inhabitants, and preserve peace and order; and
WHEREAS, pursuant to NMSA 1978, Section 3-21-1, consistent with this constitutional grant of power and statutorily enumerated powers, New Mexico law expressly provides that a municipality is a zoning authority and may regulate and restrict zoning for the purpose of promoting health safety, morals, or general welfare; and
WHEREAS, NMSA 1978, Section 3-21-8(B) allows a person, officer, department, board, or bureau aggrieved of a zoning decision of any administrative officer, commission, or committee to appeal to the applicable zoning authority; and
WHEREAS, NMSA 1978, Section 3-21-9 provides that a person “aggrieved” by a decision of the zoning authority or any officer, department, board, or burau of the zoning authority may further appeal the decision to district court; and
WHEREAS, current standing requirements for zoning appeals are extraordinarily lax, allowing for any party merely “aggrieved” of a decision of a zoning board or zoning authority to proceed to appeal; and
WHEREAS, the lax standing requirements in state statute allow for the filing and litigation of appeals of zo...
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