AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• Living Cross Ambulance Service, Inc. (LCAS) sought legal relief against the Valencia County Regional Emergency Communications Center (VCRECC) and its constituent local governments, challenging their authority to impose a fee for providing medical emergency dispatch services. LCAS argued that such fees lacked statutory authorization and that providing the service without a fee would not violate the New Mexico Constitution’s Anti-Donation Clause. The dispute arose after VCRECC retroactively assessed fees against LCAS, which LCAS contended were invalid. During the course of the legal proceedings, LCAS ceased operations in Valencia County and sought to sell its business and associated certificate for providing ambulance services (paras 1-4).

Procedural History

• District Court of Valencia County, James Lawrence Sanchez, District Judge: The court ruled against LCAS on the issues of statutory authorization and the Anti-Donation Clause but in favor of LCAS regarding the invalidity of retroactively assessed fees.

Parties' Submissions

• Plaintiff-Appellant/Cross-Appellee (LCAS): Argued that VCRECC and its constituent local governments lacked statutory authorization to charge a fee for medical emergency dispatch services and that providing the service without a fee would not violate the Anti-Donation Clause. Additionally, contended that the retroactively assessed fees were invalid.
• Defendants-Appellees/Cross-Appellants (VCRECC and Village of Los Lunas): Defended the statutory authorization to charge fees for emergency dispatch services and the application of the Anti-Donation Clause. Also appealed the district court’s ruling on the invalidity of the retroactive fees.
• Defendant-Appellee (Board of County Commissioners of Valencia County): [Not applicable or not found]

Legal Issues

• Whether VCRECC and its constituent local governments have statutory authorization to charge LCAS a fee for providing medical emergency dispatch service.
• Whether the New Mexico Constitution’s Anti-Donation Clause prohibits VCRECC from providing the service without charging a fee.
• Whether the fees VCRECC retroactively assessed against LCAS are valid.

Disposition

• The Court of Appeals dismissed both LCAS’s appeal and VCRECC’s and the Village of Los Lunas’s cross-appeal as moot, given LCAS’s cessation of operations and the lack of a potential buyer for its business and certificate (para 8).

Reasons

• HENRY M. BOHNHOFF, Judge (JULIE J. VARGAS, Judge, STEPHEN G. FRENCH, Judge concurring):
  The Court of Appeals determined the appeal to be moot due to LCAS’s cessation of operations in Valencia County and the voluntary suspension of its certificate to provide ambulance service. Since LCAS would not resume operations, the court concluded that any decision on the statutory authorization and Anti-Donation Clause issues would not provide LCAS with any practical relief. Additionally, the court noted that VCRECC and the Village of Los Lunas decided not to pursue their cross-appeal regarding the retroactive fees if LCAS’s appeal was dismissed. The court also found that the issues raised did not meet the criteria for exceptions to the mootness doctrine, as they did not present substantial public interest or were not likely to recur in a manner that would evade review (paras 2-8).