Glaser v. LeBus
1 N.M. Ct. App. 356
| N.M. Ct. App. | 2011Background
- Plaintiffs challenged formation of the Angel Fire Public Improvement District (AFPID) under the PID Act.
- The district court dismissed as untimely under the Election Code’s 30-day contest statute of limitations.
- The Village formed AFPID following a formation petition, a feasibility study, and a ballot election.
- The Board authorized a special levy tied to AFPID improvements; NMFA provided loans.
- Plaintiffs filed a first amended complaint asserting the AFPID’s invalidity and improper procedures under PID Act and the Constitution; dismissal held the amended complaint was an election contest.
- The court concluded the PID Act formation election incorporations default to Election Code procedures and transferred the case to the NM Supreme Court for direct appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do PID Act formation elections incorporate Election Code contest procedures? | Glaser maintains PID Act lacks explicit contests. | LeBus argues Election Code procedures apply by reference. | Yes; PID formation elections incorporate Election Code contest procedures. |
| Does the amended complaint plead an election contest? | Amendment challenges petition validity, not election results. | Amendment targets underlying validity and procedures, constituting an election contest. | Yes; amended complaint constitutes an election contest. |
| Is this Court vested with jurisdiction or should case be transferred to the NM Supreme Court? | Case may be appealable at Court of Appeals. | Election Code directs direct Supreme Court review for election contests. | Transfer to the NM Supreme Court for direct review. |
Key Cases Cited
- Heth v. Armijo, 83 N.M. 498, 494 P.2d 160 (N.M. Supreme Court 1972) (election contest standards engage underlying claims about validity of election)
- Dinwiddie v. Bd. of County Comm’rs of Lea County, 103 N.M. 442, 708 P.2d 1043 (N.M. Supreme Court 1985) (challenge to election validity governs as election contest)
- Gunaji v. Macias, 130 P.3d 1008 (N.M. Supreme Court 2001) (election contest procedures apply to special elections for speedy resolution)
- Vinyard, 55 N.M. 205, 230 P.2d 238 (N.M. Supreme Court 1951) (statutory basis for contest rights; distinctions on incorporation)