PROTECTION & ADVOCACY SYSTEM v. CITY OF ALBUQUERQUE

No. 27,199.

195 P.3d 1 (2008)

2008-NMCA-149

PROTECTION AND ADVOCACY SYSTEM, Jane Does 1-3 and John Doe 1, Plaintiffs-Appellees, v. CITY OF ALBUQUERQUE, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, No. 31,301, September 19, 2008.


Attorney(s) appearing for the Case

Protection & Advocacy System, Rosemary L. Bauman, Nancy Koenigsberg, ACLU New Mexico, George Bach, Reber Boult, of Counsel, Law Office of Peter Cubra, Peter Cubra, Albuquerque, NM, for Appellees.

City of Albuquerque, Robert M. White, City Attorney, Gregory S. Wheeler, Assistant City Attorney, Peter H. Pierotti, Assistant City Attorney, Robert D. Kidd, Jr., Assistant City Attorney, Albuquerque, NM, for Appellant.

New Mexico Municipal League, Inc., Randall D. Van Vleck, General Counsel, Santa Fe, NM, for Amicus Curiae.


OPINION

SUTIN, Chief Judge.

{1} In this case, we consider whether City of Albuquerque Ordinance C/S O-06-21, the Assisted Outpatient Treatment Ordinance (the Ordinance), is preempted by state law. First, though, we must consider whether Plaintiffs, Jane Does 1 through 3, John Doe 1, and Protection and Advocacy System (P & A), have standing to challenge the Ordinance. We agree with the district court that Plaintiffs have standing and that...

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