This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
Thriftway Marketing Corporation applied for a liquor license transfer. The State of New Mexico initially granted preliminary approval but later declined to finalize the transfer, citing the need for further consideration of the transfer's impact on public health, safety, and morals. The Nageezi Chapter, a political subdivision of the Navajo Tribe, opposed the transfer, as the proposed site was within its geographical boundaries.
Procedural History
- District Court of Santa Fe County: Issued a writ of mandamus ordering the State to approve the liquor license transfer.
Parties' Submissions
- Petitioner-Appellee (Thriftway Marketing Corporation): Argued that the State was obligated to approve the liquor license transfer after the local governing body failed to act within the statutory timeframe. Contended that the Nageezi Chapter lacked standing to intervene.
- Respondents-Appellants (State of New Mexico): Asserted that the director of the Alcoholic Beverage Control Department retained discretion to approve or deny the transfer and that further consideration of public health, safety, and morals was necessary.
- Intervener (Nageezi Chapter): Claimed a significant interest in ensuring compliance with the Liquor Control Act and protecting the welfare of its residents. Sought to intervene after the State decided to abandon its appeal.
Legal Issues
- Was the Nageezi Chapter's motion to intervene in the appeal timely filed?
- Did the Nageezi Chapter have a sufficient interest to warrant intervention in the appeal?
- Should the appeal be dismissed as moot?
Disposition
- The Nageezi Chapter's motion to intervene was granted.
- The State's motion to dismiss the appeal was denied.
- The appeal was assigned to the general calendar for consideration on the merits.
Reasons
Per Alarid J. (Bivins CJ. and Apodaca J. concurring):
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Timeliness of Intervention: The court held that the Nageezi Chapter's motion to intervene was timely. The Chapter had no reason to intervene earlier, as its interests aligned with the State's position until the State decided to abandon the appeal. The Chapter acted promptly upon learning of the State's decision.
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Sufficient Interest: The court found that the Nageezi Chapter had a cognizable interest in the case, as the proposed liquor license transfer site was within its geographical boundaries. The Chapter's role in protecting the health and welfare of its residents was analogous to that of a municipality, granting it standing to participate in the action.
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Necessity of Intervention: The court determined that intervention was necessary to ensure that the issues of public health, safety, and morals were considered before the liquor license transfer was finalized. Without intervention, the transfer would be approved without proper review.
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Mootness Argument: The court rejected Thriftway's argument that the appeal was moot, noting that the factual assertions regarding the transfer's approval were not part of the record. Additionally, the court emphasized that the issue of the director's discretion under the Liquor Control Act was of substantial public interest and capable of repetition.