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NEW MEXICANS FOR FREE ENTER. v. SANTA FE

No. 25,073.

126 P.3d 1149 (2005)

2006-NMCA-007

NEW MEXICANS FOR FREE ENTERPRISE, The Santa Fe Chamber of Commerce, Pranzo, Zuma Corporation, Robbie Day, and Santa Fe Hotel Joint Ventures, Plaintiffs-Appellants, v. THE CITY OF SANTA FE, Defendant-Appellee.

Court of Appeals of New Mexico.

November 29, 2005.

Attorney(s) appearing for the Case

Ellington & Ellington, L.L.C., Kathrin Kinzer-Ellington, T. Glenn Ellington, Santa Fe, for Appellants.

City of Santa Fe, Bruce Thompson, Jones, Snead, Wertheim & Wentworth, P.A., Jerry Todd Wertheim, Santa Fe, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Sidney S. Rosdeitcher, The Brennan Center for Justice, at NYU Law School, Paul K. Sonn, New York, NY, for Appellee.

Rodey, Dickson, Sloan, Akin, & Robb, P.A., Edward Ricco, Jocelyn Drennan, Albuquerque, for Amici Curiae Association of Commerce and Industry et al.

Sanders & Westbrook, P.C., Duff Westbrook, Maureen A. Sanders, Albuquerque, Columbia Law School, Richard Briffault, New York, NY, for Amici Curiae New Mexico Municipal League et al.

Philip B. Davis, Albuquerque, for Amici Curiae Santa Fe Partnership for Social Justice et al.

OPINION

FRY, J.

{1} Plaintiffs New Mexicans for Free Enterprise, the Santa Fe Chamber of Commerce, and several local business owners challenge an ordinance enacted by the City of Santa Fe mandating certain city-based businesses to pay a minimum wage higher than the current state and federal minimum hourly wage. Plaintiffs contend that the ordinance is beyond the power of a home rule municipality to enact and that the state minimum wage law preempts local...

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