Court of Appeals of New Mexico

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CLAUDIO MOYA, NORA MOYA, FIDEL
VALLEJOS, TONY A. CHAVEZ, HERMAN
MIRELES, GLORIA ASKEN, ELIZABETH
DIAZ, JAMES BARELA, MANUEL OTERO,
DEMETRIO CHAVEZ, ESTHER MARTINEZ,
EDDIE AYON, HERMAN CHAVEZ,
CHRISTOPHER HIGGINS, PATRICK BACA,
MELISSA J. SANCHEZ, LYDIA A. PIRO,
CHRIS L. MONTOYA, MICHELLE BACA,
SANDRA L. MONTOYA, MICHELLE GONZALES,
JOANN M. CHAVEZ, PHILIP BACA, DUSTIN
ARMSTRONG, JOSE M. TRILLO, PAUL
GONZALES, CLOVIS TORRES, REGINA
CHAVEZ, MARY MOYA, YVETTE
GONZALES, RICKI ARMSTRONG,
REUBEN CHAVEZ, JULIA GALLEGOS,
PETE GALLEGOS, EARL C. GLEASON,
and DARLA K. GLEASON,
Plaintiffs-Appellants,
v.
BOARD OF COUNTY COMMISSIONERS
OF VALENCIA COUNTY and VALENCIA
HEALTH COMMONS, a New Mexico
corporation,
Defendants-Appellees.

NO. 30,877

COURT OF APPEALS OF NEW MEXICO

June 22, 2011

APPEAL FROM THE DISTRICT COURT OF VALENCIA COUNTY, George P. Eichwald, District Judge

COUNSEL

James Lawrence Sánchez Trial Lawyer, PC, James Lawrence Sánchez, Belen, NM, for Appellant

Modrall, Sperling, Roehl, Harris & Sisk, P.A., Arthur D. Melendres, Zachary L. McCormick, Albuquerque, NM, for Appellee Board of County Commissioners of Valencia County

Sanchez, Mowrer & Desiderio, P.C., Robert J. Desiderio, Albuquerque, NM, for Appellee Valencia Health Commons

JUDGES

MICHAEL E. VIGIL, Judge. WE CONCUR: CYNTHIA A. FRY, Judge, RODERICK T. KENNEDY, Judge.

AUTHOR: MICHAEL E. VIGIL

MEMORANDUM OPINION

VIGIL, Judge.

Plaintiffs are local residents and taxpayers of Valencia County. Although Defendant Board of County Commissioners of Valencia County (the Board) and Defendant Valencia Health Commons (Health Commons) (collectively, Defendants) argued for dismissal on more than one ground [RP 96, 109, 126, 192], the order of dismissal was entered on the sole basis that Plaintiffs lack standing to bring this action. [RP 227] Plaintiffs contend that they have standing as local residents and property taxpayers to challenge the Board’s recent payment of $30,000 to Health Commons to extend the contract to build a new hospital and emergency room in Valencia County that previously had been authorized by Valencia County voters. [DS 6-7] Plaintiffs also contend that standing should be conferred upon them by the “Great Public Importance Doctrine.” [DS 8-10]

This Court’s calendar notice proposed to affirm the district court’s order of dismissal. [Ct. App. File, CN1] The Board has filed a memorandum in support of the proposed disposition. [Ct. App. File, MIS] Plaintiffs have not responded to the calendar notice, and the time for doing so has passed. For the reasons set forth in the calendar notice, we affirm the district court’s order of dismissal.

            IT IS SO ORDERED.

MICHAEL E. VIGIL, Judge

WE CONCUR:

CYNTHIA A. FRY, Judge

RODERICK T. KENNEDY, Judge