Court of Appeals of New Mexico

This decision of the New Mexico Court of Appeals was not selected for publication in the New Mexico Appellate Reports.  Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions.  Electronic decisions may contain computer-generated errors or other deviations from the official version filed by the Court of Appeals.

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

No. A-1-CA-38717

SOUTHWEST ORGANIZING PROJECT,

PAJARITO VILLAGE ASSOCIATION,

SOUTH VALLEY COALITION OF

NEIGHBORHOOD ASSOCIATIONS,

CENTER FOR SOCIAL SUSTAINABLE

SYSTEMS, SOUTH VALLEY REGIONAL

ASSOCIATIONS OF ACEQUIAS, DANIEL

RICHARD “RIP” ANDERSON, MARCIA

BEAUREGARD FERNANDEZ, SANTIAGO

JAMES MAESTAS, ROD MAHONEY, and

ROBERTO ROIBAL,

Appellants-Petitioners,

and

DR. VIRGINIA NECOCHEA,

Appellant,

v.

BERNALILLO BOARD OF COUNTY

COMMISSIONERS, and Individual

Members of the County Commission,

DEBBIE O’MALLEY, MAGGIE HART

STEBBINS, STEPHEN MICHAEL

QUEZADA, LONNIE C. TALBERT, and

JAMES E. SMITH,

and

WESTERN ALBUQUERQUE LAND

HOLDINGS, LLC and CONSENSUS

PLANNING, INC.,

Appellees-Respondents.

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
Beatrice J. Brickhouse, District Judge

New Mexico Environmental Law Center

Gail Evans

Douglas Meiklejohn

Charles de Saillan

Eric Jantz

Maslyn Locke

Santa Fe, NM

for Petitioners and Appellant

Robles, Rael & Anaya, P.C.

Robert M. White

Daniel J. Grunow

Albuquerque, NM

for Respondents Bernalillo County Board of County Commissioners, O’Malley, Stebbins, Quezada, Talbert, and Smith

Rodey, Dickason, Sloan, Akin & Robb, P.A.

John P. Salazar

Edward Ricco

Jenica Jacobi

Jocelyn Drennan

Albuquerque, NM

for Respondents Consensus Planning & Western Albuquerque Land Holdings, LLC

DECISION

HANISEE, Chief Judge.   

{1}       In these consolidated appeals, Petitioners^[1] seek further appellate review following the district court’s rejections of Petitioners’ challenges to the Bernalillo County Board of County Commissioners’ (the Board) approval of the Level B master plan and Level B development agreement related to the development of the proposed Santolina planned community in Bernalillo County. Petitioners raise the following arguments: (1) the district court erred in affirming the Board’s approval of the Level B master plan and Level B development agreement because the proper prerequisites—namely the zone map amendment, the Level A master plan, and the Level A development agreement—were not in place at the time such approval occurred; and (2) the district court erred in finding that the Board’s approval of the Level B master plan was a legislative act requiring legislative, rather than administrative, review on appeal.

{2}       In any appeal before this Court, “it is the appellant’s burden to demonstrate, by providing well-supported and clear arguments, that the district court has erred.” Premier Tr. of Nevada, Inc. v. City of Albuquerque, 2021-NMCA-004, ¶ 10, 482 P.3d 1261. Here, the district court issued thorough, well-reasoned, and explanatory orders resolving each of the issues presented in this appeal. Having scrutinously reviewed the district court orders at issue, and after thorough and careful review of the briefing, the authorities cited therein, and the record, we perceive there to be no error upon which reversal could be premised. See Farmers, Inc. v. Dal Mach. & Fabricating, Inc., 1990-NMSC-100, ¶ 8, 111 N.M. 6, 800 P.2d 1063 (“The presumption upon review favors the correctness of the [district] court’s actions. [An a]ppellant must affirmatively demonstrate its assertion of error.”). Accordingly, we affirm the district court’s orders affirming the Board’s approval of the Level B master plan and the Level B development agreement for substantially the same reasons as within each respective order.

{3}       IT IS SO ORDERED.

J. MILES HANISEE, Chief Judge

WE CONCUR:

JACQUELINE R. MEDINA, Judge

GERALD E. BACA, Judge