Glaser v. Lebus
1 N.M. Ct. App. 585
N.M.2012Background
- Angel Fire Village held a PID formation election after petitions for a public improvement district; the majority of eligible voters approved formation.
- Appellants, property owners in Angel Fire, sued asserting the PID formation election was procedurally defective and that the PID lacks legal existence and the levy contracts are void.
- District court dismissed the suit as untimely; Court of Appeals described the suit as an election contest subject to a 30-day statute of limitations and transferred to the Supreme Court.
- Court of Appeals concluded it lacked jurisdiction, but adopted the reasoning that the election contest was time-barred under the Election Code.
- Supreme Court affirmed the district court, adopting the Court of Appeals’ result with one exception about post-formation challenges to the levy and PID actions.
- Supreme Court held that while post-formation challenges (levy apportionment, contracts) are not itself election contests, they were properly dismissed as inadequately pleaded and not properly preserved on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the PID formation election is governed by the Election Code's 30-day limit | Glaser argues Election Code applies to the formation election. | LeBus argues the Election Code applies and the suit is time-barred. | Yes; 30-day limit applies. |
| Whether the complaint concerns the PID formation election or post-formation actions | Glaser asserts challenges to the formation election and related post-formation actions. | LeBus contends claims largely challenge formation, thus time-barred. | Gravamen is a challenge to formation; time-barred for the formation issues. |
| Whether the PID may levy by Board resolution or must be by election | Glaser contends the levy was invalid because not approved by election. | LeBus notes the statute allows levy by board resolution or by election. | Levy by board resolution authorized; not required to be by election. |
Key Cases Cited
- Delfino v. Griffo, 150 N.M. 97 (2011) (de novo review and standard for dismissals; statutory interpretation)
- Maralex Res., Inc. v. Gilbreath, 134 N.M. 308 (2003) (appellate review of district court dismissal; right result if correct for any reason)
- Glaser v. LeBus, 2012-NMCA-028 (N.M. Ct. App. 2012) (PID formation election governed by Election Code; thirty-day limit)
- State v. Goss, 111 N.M. 530 (Ct. App. 1991) (preservation requirements; appellate review standards)