Court of Appeals of New Mexico

Decision Information

Citations - New Mexico Appellate Reports
State v. Carmona - cited by 11 documents
Trujillo v. Health & Social Servs. Dep't - cited by 8 documents

Decision Content

LAFOND V. HEIM, 1972-NMCA-100, 84 N.M. 119, 500 P.2d 204 (Ct. App. 1972)

MARLIN LAFOND, Appellant,
vs.
RICHARD W. HEIM, Executive Director, STATE OF NEW MEXICO
HEALTH AND SOCIAL SERVICES DEPARTMENT, BEN C. HERNANDEZ,
MRS. GARNETT BURKS, JR., DR. REX QUIGLEY, DR. HAROLD AGNES
and MRS. FRANK G. CHAVEZ, individually and as members of
the STATE OF NEW MEXICO BOARD OF HEALTH AND SOCIAL
SERVICES, AND THEIR EMPLOYEES AND AGENTS, Appellees

No. 850

COURT OF APPEALS OF NEW MEXICO

1972-NMCA-100, 84 N.M. 119, 500 P.2d 204

July 28, 1972

Administrative Appeal

COUNSEL

JOHN P. GASCOYNE, RICHARD W. HUGHES, RICHARD P. FAHEY, Shiprock, New Mexico, Attorneys for Appellant.

DAVID L. NORVELL, Attorney General, ROBERT J. LAUGHLIN, JAMES G. HUBER, Agency Assistant Attorneys General, Santa Fe, New Mexico, Attorneys for Appellees.

JUDGES

SUTIN, Judge, wrote the opinion.

WE CONCUR:

William R. Hendley, J., Ray C. Cowan, J.

AUTHOR: SUTIN

OPINION

SUTIN, Judge:

{1} The LaFond application for welfare assistance (Aid to Families with Dependent Children) was denied because his 1969 Chevrolet Station Wagon, valued at approximately $1,600, exceeded the limit of $750 wholesale value for welfare assistance. H.S.S. Reg. 221.832.

{2} The Station Wagon was subject to a loan in excess of its value and LaFond had no equity available.

{3} This case is controlled by Trujillo v. Health and Social Services Department of the State of New Mexico, 84 N.M. 58, 499 P.2d 376 (Ct. App.), decided June 30, 1972.

{4} The order of the Department is reversed, and the cause is remanded for further proceedings consistent with this opinion.

WE CONCUR:

William R. Hendley, J., Ray C. Cowan, J.

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