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"Today, the United State Supreme Court, without comment, refused to review a decision of the Tenth Circuit Court of Appeals in favor of the Santa Fe County Board of County Commissioners in a case challenging the County's affordable housing ordinance, enacted in 2006. The persons challenging the ordinance were developers who desired to make a facial attack on the ordinance. In their petition for review by the High Court, the developers requested that Court overturn prior decisions that require exhaustion of all local administrative remedies and state judicial remedies before filing in federal court. The County Attorney filed a detailed response opposing the petition, assisted by the local law firm of Basham & Basham and Robert H. Freilich of Los Angeles (who had argued the case on behalf of the County before the Tenth Circuit), said Santa Fe County Attorney Steve Ross."

Ross continued, "We are pleased that the United States Supreme Court did not accept the plaintiffs' invitation to change the rules in this important area of law, and are pleased that the Courts have not taken plaintiffs' invitation to prematurely review the ordinance."

Briefs in Support and Opposition to the Petition

Petition for Writ of Certiorari(PDF)

Santa Fe County Reponse Brief in Opposition to Certiorari Petition(PDF)

Alto Eldorado Amicus Curiae of Mountain States Legal Foundation(PDF)