Albuquerque Commons Partnership v. City of Albuquerque On December 22, 2003, APA submitted an amicus brief to the New Mexico Court of Appeals in a case raising the importance of the community's comprehensive plan. Albuquerque Commons Partnership v. City of Albuquerque (No. 24,026).
The case arises from the City of Albuquerque's denial of a site development plan for a big box retail center that was inconsistent with the city's comprehensive plan and sector development plan. Both plans envision an urban center with high intensity, mixed uses at that location. After the city denied its application, the developer challenged the validity of the sector development plan. The trial court ruled, among other things, that the city violated the developer's procedural due process rights when it adopted the sector development plan. APA's amicus brief explains the important role of the planning process and the comprehensive plan, and urges the New Mexico Court of Appeals to move away from "the comprehensive plan as merely an advisory document" to "the comprehensive plan as law." Attorneys for APA:
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