Edwards v. Board of County Commissioners

APODACA, Judge. Plaintiffs appeal the trial court's judgment based on its holding that Defendants Bernalillo County Board of Commissioners
and the Commissioners, individually, (the County) had zoning authority that included Plaintiffs' properties. Plaintiffs raise
six issues on appeal; whether: (1) collateral estoppel prevented the County from litigating the issue of whether the County's
Ordinance 213 was valid; (2) the County had statutory authority to enforce Ordinance 213 against Plaintiffs in 1990-93; (3)
a "saving clause" in 1975 N.M. Laws, Chapter 312, Section 10, saved Ordinance 213 in the extraterritorial area; (4) Plaintiffs'
uses of their property existing before the County entered into a Joint Powers Agreement with the City of Albuquerque (the
City) were effectively grandfathered; (5) NMSA 1978, Sections 3-21-1 to -26 (Repl. 1985 & Cum. Supp. 1994), apply to
Ordinance 213 in the extraterritorial area; and (6) assuming the County had zoning authority over Plaintiffs' properties,
the County's exercise of that authority was proper without an extraterritorial zoning commission.