Court of Appeals of New Mexico
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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
No. A-1-CA-38717
SOUTHWEST ORGANIZING PROJECT,
PAJARITO VILLAGE ASSOCIATION,
SOUTH VALLEY COALITION OF
NEIGHBORHOOD ASSOCIATIONS,
CENTER FOR SOCIAL SUSTAINABLE
SYSTEMS, SOUTH VALLEY REGIONAL
ASSOCIATIONS OF ACEQUIAS, DANIEL
RICHARD “RIP” ANDERSON, MARCIA
BEAUREGARD FERNANDEZ, SANTIAGO
JAMES MAESTAS, ROD MAHONEY, and
ROBERTO ROIBAL,
Appellants-Petitioners,
and
DR. VIRGINIA NECOCHEA,
Appellant,
v.
BERNALILLO BOARD OF COUNTY
COMMISSIONERS, and Individual
Members of the County Commission,
DEBBIE O’MALLEY, MAGGIE HART
STEBBINS, STEPHEN MICHAEL
QUEZADA, LONNIE C. TALBERT, and
JAMES E. SMITH,
and
WESTERN ALBUQUERQUE LAND
HOLDINGS, LLC and CONSENSUS
PLANNING, INC.,
Appellees-Respondents.
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
Beatrice J. Brickhouse, District Judge
New Mexico Environmental Law Center
Gail Evans
Douglas Meiklejohn
Charles de Saillan
Eric Jantz
Maslyn Locke
Santa Fe, NM
for Petitioners and Appellant
Robles, Rael & Anaya, P.C.
Robert M. White
Daniel J. Grunow
Albuquerque, NM
for Respondents Bernalillo County Board of County Commissioners, O’Malley, Stebbins, Quezada, Talbert, and Smith
Rodey, Dickason, Sloan, Akin & Robb, P.A.
John P. Salazar
Edward Ricco
Jenica Jacobi
Jocelyn Drennan
Albuquerque, NM
for Respondents Consensus Planning & Western Albuquerque Land Holdings, LLC
DECISION
HANISEE, Chief Judge.
{1} In these consolidated appeals, Petitioners[1] seek further appellate review following the district court’s rejections of Petitioners’ challenges to the Bernalillo County Board of County Commissioners’ (the Board) approval of the Level B master plan and Level B development agreement related to the development of the proposed Santolina planned community in Bernalillo County. Petitioners raise the following arguments: (1) the district court erred in affirming the Board’s approval of the Level B master plan and Level B development agreement because the proper prerequisites—namely the zone map amendment, the Level A master plan, and the Level A development agreement—were not in place at the time such approval occurred; and (2) the district court erred in finding that the Board’s approval of the Level B master plan was a legislative act requiring legislative, rather than administrative, review on appeal.
{2} In any appeal before this Court, “it is the appellant’s burden to demonstrate, by providing well-supported and clear arguments, that the district court has erred.” Premier Tr. of Nevada, Inc. v. City of Albuquerque, 2021-NMCA-004, ¶ 10, 482 P.3d 1261. Here, the district court issued thorough, well-reasoned, and explanatory orders resolving each of the issues presented in this appeal. Having scrutinously reviewed the district court orders at issue, and after thorough and careful review of the briefing, the authorities cited therein, and the record, we perceive there to be no error upon which reversal could be premised. See Farmers, Inc. v. Dal Mach. & Fabricating, Inc., 1990-NMSC-100, ¶ 8, 111 N.M. 6, 800 P.2d 1063 (“The presumption upon review favors the correctness of the [district] court’s actions. [An a]ppellant must affirmatively demonstrate its assertion of error.”). Accordingly, we affirm the district court’s orders affirming the Board’s approval of the Level B master plan and the Level B development agreement for substantially the same reasons as within each respective order.
{3} IT IS SO ORDERED.
J. MILES HANISEE, Chief Judge
WE CONCUR:
JACQUELINE R. MEDINA, Judge
GERALD E. BACA, Judge
[1]Petitioners in this case are, collectively, SouthWest Organizing Project, Pajarito Village Association, South Valley Coalition of Neighborhood Associations, Center for Social Sustainable Systems, South Valley Regional Association of Acequias, Daniel Richard “Rip” Anderson, Marcia Beauregard Fernandez, Santiago James Maestas, Rod Mahoney, Roberto Roibal.