Southwest Org. Project v. Bernalillo Bd. of Cnty. Comm'rs (Unpublished Opinion)
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This decision of the New Mexico Court of Appeals was not selected for publication in the New Mexico Appellate Reports. Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions. Electronic decisions may contain computergenerated errors or other deviations from the official version filed by the Court of Appeals. 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, Petitioners1 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 1Petitioners 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. 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-NMSC100, ¶ 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
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