Glaser v. LeBus
276 P.3d 959
| N.M. | 2012Background
- Angel Fire formed a PID after petitions; Village resolution supported formation on Feb 14, 2008; April 2008 mail-in election approved by a large majority.
- PID would fund improvements via bonds and a special levy levied on property owners within the district.
- After formation, the Village mailed tax assessments including the PID levy to district property owners.
- Appellants filed suit on June 1, 2009, about 13 months after the formation election, challenging validity and seeking relief, including refunds.
- District court dismissed as untimely; Court of Appeals held the pleadings framed as an election contest subject to a 30-day limit and transferred to this Court.
- Supreme Court adopts the Court of Appeals’ result with an exception: post-formation actions are not properly construed as an election contest, though they are properly dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the PID formation election is governed by the Election Code's time limits. | Glaser argued timely contest under Election Code. | Defendants argued 30-day limit applies to election contests. | Election Code 30-day limit applies. |
| Whether the complaint constitutes an election contest. | Glaser contends the suit challenges the formation election. | Defendants contend the suit seeks broader post-election relief too. | The complaint is an election contest. |
| Whether dismissal was proper for untimeliness. | Untimeliness is disputed by Plaintiffs on timing. | Defendants maintain timely filing was required and not met. | District court proper to dismiss as untimely. |
| Whether post-formation actions (levy, contracts) are properly dismissed as election-contest claims or separately actionable. | Post-formation actions challenged via declaratory relief. | Such actions should be barred if tied to the election defects; not properly election contest. | Post-formation acts are not properly construed as an election contest but are properly dismissed. |
Key Cases Cited
- Delfino v. Griffo, 2011-NMSC-015 (2011) (de novo review standard for district court dismissal and statutory interpretation)
- Maralex Res., Inc. v. Gilbreath, 2003-NMSC-023 (2003) (appellate affirmance on any right theory supports district ruling)
- Glaser v. LeBus, 2012-NMCA-028 (2012) (PID formation election subject to Election Code; 30-day limit)
- Cobb v. State Canvassing Bd., 2006-NMSC-034 (2006) (statutory interpretation and application in elections context)
- State v. Goss, 111 N.M. 530 (1991) (preservation and appellate-review standards)