BONITO LAND & LIVESTOCK v. VALENCIA COUNTY

No. 18723.

964 P.2d 199 (1998)

125 N.M. 638

1998-NMCA-127

BONITO LAND & LIVESTOCK, INC., Plaintiff-Appellant, v. VALENCIA COUNTY BOARD OF COMMISSIONERS, Defendant-Appellee.

Court of Appeals of New Mexico.

August 11, 1998.


Attorney(s) appearing for the Case

Hessel E. Yntema, III, Oman, Gentry & Yntema, P.A., Albuquerque, for Plaintiff-Appellant.

Thomas C. Garde, Torres and Garde, Los Lunas, for Defendant-Appellee.


OPINION

WECHSLER, Judge.

{1} This case poses the question of whether a county can adopt a comprehensive zoning ordinance excluding federally-owned land, and later apply the ordinance to land that was federally-owned at the time the county adopted the ordinance. We hold that while a county may zone federally-owned land, in this case the Valencia County Board of Commissioners (County) did not effectively zone the land in dispute. We therefore reverse...

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