[Download] "Nesbit V. City Of Albuquerque" by New Mexico Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Nesbit V. City Of Albuquerque
- Author : New Mexico Supreme Court
- Release Date : January 20, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Appellants (hereinafter simply Nesbit) applied for a zoning change in 1966 from an R-2 status to an SU-1 designation which would have permitted a broader scope of uses. The initial development plan provided for 83 condominium units and was unopposed by the Intervenor-appellees (hereinafter Neighbors). In 1972 Nesbit requested approval of a new development plan for the SU property which changed the type and density of the use from 83 condominiums to 287 efficiencies and apartments. The City Planning Department denied the new plan, and its decision was approved by the City Commission. Nesbit appealed the decision to the district court (1973 district court) in Albuquerque, and the court reversed the Commission's decision as being arbitrary and capricious and remanded the request to the Commission to reconsider. The Commission then approved the new plan. The project to build the 287 units laid dormant for over three (3) years while financing was obtained. When construction began on the land, in 1976, the Neighbors then brought a motion to intervene and a motion to set aside the 1973 judgment. The District Court of Bernalillo County (1976 district court) granted the motions and Nesbit appeals.