Supreme Court of New Mexico
Decision Information
Sunset Package Store, Inc. v. City of Carlsbad - cited by 123 documents
Decision Content
EDDIE'S INFERNO, INC. V. CITY OF ALBUQUERQUE, 1968-NMSC-155, 79 N.M. 512, 445 P.2d 389 (S. Ct. 1968)
EDDIE'S INFERNO, INC., a New Mexico
corporation, d/b/a
Eddie's Inferno, et al., Plaintiffs-Appellees and
Cross-Appellants,
vs.
CITY OF ALBUQUERQUE, State of New Mexico, a municipal
corporation, Defendant-Appellant and Cross-Appellee
No. 8624
SUPREME COURT OF NEW MEXICO
1968-NMSC-155, 79 N.M. 512, 445 P.2d 389
September 23, 1968
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY, TACKETT, Judge
COUNSEL
Frank M. Mims, Albuquerque, for appellant.
Montoya & Montoya, Joseph B. Zucht, Albuquerque, for appellees.
JUDGES
Carmody, Justice. Noble and Moise, JJ., concur.
OPINION
{*513} OPINION
{1} The issue in this case is identical with that decided in Sunset Package Store, Inc. v. City of Carlsbad, 79 N.M. 260, 442 P.2d 572 (1968). To lay at rest appellees' paralogistic argument, we reaffirm what is implicit in Sunset Package Store, Inc. v. City of Carlsbad, supra, that § 46-4-2, N.M.S.A.1953, does not require the adoption of a new ordinance each year in order to impose a valid license tax.
{2} The judgment is reversed and the cause remanded with instruction to the trial court to dissolve its injunction and to dismiss the complaint with prejudice.
{3} The cross-appeal, being dependent upon the affirmance of the trial court's judgment, fails.
{4} It is so ordered.