[Download] "Santa Fe County Board of County Commissioners v. Town of Edgewood" by In the Court of Appeals of the State of New Mexico * Book PDF Kindle ePub Free
eBook details
- Title: Santa Fe County Board of County Commissioners v. Town of Edgewood
- Author : In the Court of Appeals of the State of New Mexico
- Release Date : January 19, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
1 The Santa Fe Board of County Commissioners (the County) appeals from a district court order dismissing its appeal from a Town of Edgewood (the Town) municipal ordinance expressing the Towns consent to the annexation of property within the county. Dismissal was based on the ground that the County lacked standing because it did not own land within the annexed territory, as required by the applicable annexation statute, NMSA 1978, 3-7-17(C) (1998). On appeal, the County argues that it satisfies the statutory requirement of "owning land" in the annexed territory because its maintenance of public roads in the annexed area has created title by prescription or common law implied dedication. The County claims that this conclusion is supported by our recent case law interpreting this standing requirement and by the legislative purpose behind the statute. Because Section 3-7-17(C) requires equitable or legal fee title to real property in the area annexed, the Countys use interest is insufficient to give it standing to appeal.
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