[DOWNLOAD] "Bennett v. City Council for the City of Las Cruces" by New Mexico Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Bennett v. City Council for the City of Las Cruces
- Author : New Mexico Court of Appeals
- Release Date : January 21, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
APPEAL FROM THE DISTRICT COURT OF DONA ANA COUNTY Graden W. Beal, District Judge OPINION {1} The City of Las Cruces and Gary Krivokapich appeal the district court's reversal of a decision by the Las Cruces City Council (Council) to change the zoning of property owned by the Krivokapich family from high-density residential to commercial with conditions. They argue that the district court improperly took additional evidence regarding the rezoning request and that the Council's rezoning did not constitute illegal spot zoning as the district court found. We agree with these arguments and reverse the decision of the district court. Factual and Procedural Background {2} Gary Krivokapich, together with and on behalf of his parents, Bosco and Annie Jo Krivokapich, applied to the City for a zoning change from R-3 (high-density residential) to C-2c (general commercial with conditions) of a 4.2-acre unimproved parcel (Parcel) owned by Bosco and Annie Jo Krivokapich. C-2 zoning generally would permit commercial/retail uses which generate large volumes of automobile traffic, such as convenience stores and service facilities. The Parcel is located on the northeast corner of El Paseo Avenue and Farney Lane in Las Cruces.