NMAPA

Community Decisions Prevail

Appellate Court Overturns $8.3 Million Jury Verdict Against City of Albuquerque

CHICAGO—-The New Mexico Court of Appeals overturned an $8.3 million jury verdict against the City of Albuquerque on Friday, December 9. The American Planning Association (APA) applauds the court’s decision for upholding the interest of the community and maintaining the integrity of the city’s comprehensive plan.

The Albuquerque Commons Partnership v. City Council of City of Albuquerque case involved a developer suing the city over regulations passed by the Albuquerque City Council to guide development in the Uptown Sector Plan area. The regulations were meant to support the city’s comprehensive plan, which helps guide the city’s growth and development.

In 1994, Opus Southwest Corp. wanted to build a big-box retail shopping center with ample parking on Louisiana Boulevard and Indian School Road. This was in direct violation of the city’s approved comprehensive plan that calls for an urban center with a mix of uses, which focuses more on pedestrians than automobiles. The city’s planning commission deferred indefinitely Opus’ plan for the big-box retail development because it did not comply with the city’s revised regulations.

In a unanimous opinion, Judge Castillo reversed the lower court’s decision and held that the 1995 revisions to the Uptown Sector Plan was a legislative action by the city, not a quasi-judicial action. The action was not an impermissible downzoning, and reversed the lower court’s order to approve the big-box retail development. The city had discretion to deny the application for a big-box retail development because it was inconsistent with the city’s comprehensive plan. Likewise, the jury verdict was reversed.

APA filed an amicus brief in this case, urging the court to adopt the “consistency doctrine” and add New Mexico to the growing number of states that recognize the comprehensive plan as law. Ed Sullivan and Carrie Richter of Garvey, Schubert & Barer in Portland, Ore., authored the brief. “The court’s decision moves the State of New Mexico in the right direction, towards the ‘consistency doctrine’ where land use regulations and development decisions must be consistent with the adopted comprehensive plan,” said Ed Sullivan.

“This is a big victory for the residents of Albuquerque and for planners,” said Lora Lucero, APA amicus committee chair. “The court’s decision reaffirms the importance of community plans as serious documents which are meant to be implemented and gives the community’s comprehensive plan some teeth.”

For more information, contact
Lora Lucero, APA, 505-247-0844 or
Roberta Rewers, APA, 312-786-6395; rrewers@planning.org.