This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The case concerns a rezoning decision by the Bernalillo Town Council, which approved the annexation and special use zoning of a 68-acre parcel of land to allow the construction and operation of a gypsum wallboard manufacturing plant. The land is located in an industrial corridor between I-25 and railroad tracks. Residents of Bernalillo and the neighboring community of El Llano opposed the rezoning, citing concerns about environmental impacts, including water well impairment, air pollution, noise, and lighting.
Procedural History
- District Court, Sandoval County: The district court affirmed the Bernalillo Town Council's decision, finding that the rezoning complied with the town's comprehensive plan and was supported by substantial evidence.
Parties' Submissions
- Appellants (Protestors): Argued that the rezoning constituted illegal spot zoning, violated Bernalillo's comprehensive plan, and improperly classified the gypsum wallboard plant as light industry. They raised concerns about environmental and community impacts, including air pollution, noise, and water well impairment.
- Respondents (Town Council and Centex American Gypsum Corporation): Contended that the rezoning complied with the comprehensive plan, was supported by substantial evidence, and provided significant community benefits, including employment opportunities, tax revenue, and other contributions such as scholarships and park development. They also argued that the plant's design minimized environmental impacts.
Legal Issues
- Did the Bernalillo Town Council's rezoning decision constitute illegal spot zoning?
- Was the rezoning decision consistent with Bernalillo's comprehensive plan?
- Was the gypsum wallboard plant properly classified as light industry under the zoning ordinance?
Disposition
- The Court of Appeals of New Mexico affirmed the district court's decision, holding that the rezoning did not constitute illegal spot zoning, complied with the comprehensive plan, and properly classified the gypsum wallboard plant as light industry.
Reasons
Per Apodaca J. (Bivins and Chavez JJ. concurring):
The Court applied the "substantial evidence on the whole record" standard of review, which requires examining all evidence, favorable and unfavorable, to determine whether a reasonable mind could support the decision.
Spot Zoning: The Court found that the rezoning did not constitute illegal spot zoning. The 68-acre parcel was relatively large, located in an industrial corridor, and unsuitable for residential use. The rezoning benefited the community by providing employment opportunities, tax revenue, and other contributions, outweighing any private benefit to Centex.
Comprehensive Plan Compliance: The Court held that Bernalillo's comprehensive plan was not limited to a single document but included the Development Statement, Comprehensive Zoning Ordinance, and Extraterritorial Development Policy. The rezoning aligned with the plan's goals of expanding the town's industrial base and providing local employment opportunities.
Light Industry Classification: The Court upheld the classification of the gypsum wallboard plant as light industry, noting that the plant's design minimized environmental impacts, and its operations complied with zoning requirements. The Council imposed conditions to mitigate potential negative effects, and substantial evidence supported the finding that the plant would not harm the surrounding area.
The Court concluded that the Council's decision was supported by substantial evidence and complied with legal requirements, affirming the district court's ruling.