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TBCH, INC. v. CITY OF ALBUQUERQUE

No. 14522.

874 P.2d 30 (1994)

117 N.M. 569

TBCH, INC., a New Mexico corporation, d/b/a T.D.'s Showclub, Petitioner-Appellant, v. CITY OF ALBUQUERQUE, Respondent-Appellee.

Court of Appeals of New Mexico.

March 25, 1994.

Attorney(s) appearing for the Case

John E. Farrow, Fairfield, Farrow, Hunt, Reecer & Strotz, P.C., Albuquerque, for petitioner-appellant.

David S. Campbell, City Atty., and Laura J. Mason, Asst. City Atty., Albuquerque, for respondent-appellee.

OPINION

PICKARD, Judge.

TBCH, Inc. appeals from a district court order dismissing its appeal from a declaratory ruling adopted by the City of Albuquerque. The declaratory ruling purported to explain the meaning of "completely and opaquely covered" female breasts as that term is used in the City's Comprehensive City Zoning Code. Under the City's ruling, TBCH's property would not be in compliance with the Zoning Code and would consequently have to be...

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