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Facts

  • The case involves a class action lawsuit against the City of Albuquerque regarding its Safe Traffic Operations Program (STOP), which uses equipment to detect vehicles exceeding speed limits. The plaintiffs, represented by the Branch Law Firm, challenged the legality and constitutionality of STOP, arguing it was an invalid exercise of Albuquerque's authority and sought refunds for fines collected under the program. The lawsuit was initiated after Turner W. Branch received a notice for a STOP violation, leading to penalty fees totaling $600 and a threat of vehicle seizure for non-payment.

Procedural History

  • District Court of Bernalillo County, Nan G. Nash, District Judge: Denied the plaintiffs' motion for summary judgment and granted Albuquerque's motion for declaratory judgment, affirming the validity of STOP.

Parties' Submissions

  • Plaintiffs-Appellants: Argued that STOP is prima facie invalid, unconstitutional, inconsistent with state laws, and requested the court to order Albuquerque to return all monies collected under the alleged illegal penalty scheme.
  • Defendant-Appellee (City of Albuquerque): Filed a motion for declaratory judgment asking the court to determine that STOP is a valid and lawful exercise of Albuquerque’s authority as a home rule municipality.

Legal Issues

  • Whether STOP is a valid and lawful exercise of Albuquerque’s authority as a home rule municipality.
  • Whether STOP is constitutional and consistent with New Mexico law.
  • Whether the plaintiffs are entitled to a refund of monies collected under STOP.

Disposition

  • The Court of Appeals affirmed the district court's decision, denying the plaintiffs' motion for summary judgment and granting Albuquerque's motion for declaratory judgment.

Reasons

  • Per CELIA FOY CASTILLO, Chief Judge (JAMES J. WECHSLER, Judge concurring; MICHAEL E. VIGIL, Judge dissenting):
    The court relied on its holding in a previous related case, Victor A. Titus & the Titus & Murphy Law Firm v. City of Albuquerque, to address the plaintiffs' arguments, noting that the issues were either directly considered in Titus or governed by its analysis.
    The court found that STOP is a legislative enactment entitled to a presumption of constitutionality and that Albuquerque is entitled to use its nuisance abatement powers to address traffic control, determining STOP to be civil rather than criminal in nature.
    The court rejected the plaintiffs' arguments that STOP is unconstitutional, inconsistent with New Mexico law, or invalid due to its treatment of criminal cases as civil cases, its impact on due process rights, and its administrative enforcement mechanism.
    The court also addressed jurisdictional issues raised by the plaintiffs but found no conflict with existing statutes that would invalidate STOP.
    Judge MICHAEL E. VIGIL dissented, referencing his dissent in the related Titus case without providing specific reasons in this decision.
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