NMELC asks for clarification on Santolina Judgement

Our clients (including SouthWest Organizing Project and Pajarito Village Association) won an important victory on June 2 when state District Court Judge Nancy Franchini ruled that the 2015 Santolina approval process was flawed.

Judge Franchini’s decision reverses and remands the Bernalillo County Commission’s (BCC’s) approval of the project’s “Zone Map Amendment,” which changed the zoning for the developer’s site from “A-1 Rural-Agricultural” to “Planned Community”. This step was required before any other approval steps could be taken by the BCC.

On Tuesday, June 6, attorneys for the Law Center submitted a memorandum asking the Judge to clarify her decision.


The motion, filed with the memorandum, asks for clarification on three points:

  1. the ruling that the Board of County Commissioners denied our clients procedural due process means that both the Board’s proceeding and decision concerning the zone map amendment are void;

  2. because the approval of the zone map amendment is void, the approval of the Level A Master Plan is also void; and

  3. because the approval of the zone map amendment and the Level A Master Plan are void the development agreement also is void.  It seems to me that approaching it that way may make it easier to follow than using quotes from the memorandum.

Go to case page.

Posted on 06/06/2017 • PermalinkBack to top


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