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LOS CHAVEZ COMMUNITY ASSOCIATION v. VALENCIA COUNTY

Nos. 30,458, 30,459 (consolidated)

2012-NMCA-044

LOS CHAVEZ COMMUNITY ASSOCIATION, et al., Petitioners-Appellees, v. VALENCIA COUNTY and the BOARD OF COUNTY COMMISSIONERS, Respondents, and JOHN WHISENANT and ELIAS BARELA, Interested Parties-Appellants.

Court of Appeals of New Mexico.

March 20, 2012.

Attorney(s) appearing for the Case

Hunt & Davis, P.C., Catherine F. Davis , Julie J. Vargas , Albuquerque, NM, for Appellees.

Chavez Law Firm, P.C., Steven M. Chavez , Los Lunas, NM, Rodey, Dickason, Sloan, Akin & Robb, P.A., Edward Ricco , Jocelyn Drennan , Albuquerque, NM, for Appellants.

OPINION

CASTILLO, Chief Judge.

{¶ 1} The issue in this case is whether a county commissioner is required to recuse herself from voting on an application for a zoning map amendment if she is a first cousin to one of the applicants. We conclude that the due process protections of the state and federal constitutions, as well as the language in Article VI, Section 18 of the New Mexico Constitution, require recusal. Thus, we affirm the decision...

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