Einer v. Rivera
2015 NMCA 045
N.M. Ct. App.2015Background
- Petitioner seeks county home rule via petition; county clerk declined as not authorized by law.
- District court denied mandamus; held San Miguel County is not a municipality under the Municipal Charter Act.
- Petitioner argues county is an incorporated county eligible under the Municipal Charter Act and Home Rule Amendment.
- Court analyzes whether a county qualifies as a municipality under the Act; focuses on term “incorporated county.”
- Court rejects petitioner’s equal protection claim and upholds denial of petition for writ of mandamus.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is San Miguel County a municipality under the Municipal Charter Act? | San Miguel County is an incorporated county under the Act. | County is not an incorporated county under the Act. | No; San Miguel County is not an incorporated county under the Act. |
| Is San Miguel County a municipality under the Home Rule Amendment? | County should be included by self-executing Home Rule Amendment. | Home Rule depends on Municipal Charter Act interpretation; county not included. | No; Home Rule Amendment does not independently include San Miguel County. |
| Does the Home Rule Amendment apply if the Municipal Charter Act does not? | There is an absence of law triggering self-execution. | No absence of law; Act governs interpretation. | No self-executing extension to county. |
| Does equal protection require including all counties in the term 'municipality'? | Excludes counties violates equal protection. | Rational basis governs; line-drawing allowed. | Rational basis review applies; no equal protection violation. |
Key Cases Cited
- Agua Pura Co. v. Mayor of Las Vegas, 10 N.M. 6 (1900-NMSC-002) (county as municipal corporation not controlled by incorporation provision; historical context)
- Mountain States Tel. & Tel. Co. v. Town of Belen, 56 N.M. 415 (1952-NMSC-053) (counties described as bodies corporate and politic; incorporation distinctions debated)
- Griego v. Oliver, 316 P.3d 865 (2014-NMSC-003) (statutory interpretation; standard of review in charter cases)
- Baker v. Hedstrom, 284 P.3d 400 (2012-NMCA-073) (statutory construction—avoid absurd results)
- Board of Education v. Cimarron v. Maloney, 477 P.2d 605 (1970-NMSC-146) (equal protection context and voting-related considerations)