Nesbit v. City of Albuquerque

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that while “some courts have held that even a minor defect in notice will invalidate an action taken by the zoning authority, New Mexico does not take such a strict view”
• stating that 7 the failure to comply with statutory notice procedures in zoning ordinance 8 proceedings was a violation of “due process of law . . . and [that] no subsequent act 9 could correct the defect”
• finding 4 no error because of “the lack of due process apparent in the record”
• in zoning action, due process requires notice where change in zoning restriction would amount to change in fundamental character of property, and failure to give notice renders void all subsequent acts of zoning authority
• approval of PUD plan constitutes a zoning restriction
• approval of PUD plan constitutes zoning restriction

Source: CourtListener parenthetical corpus (CC0).