News and Articles

03/12/2009

Judge Dismisses Affordable Housing Suit Against Santa Fe County

Judge James O Browning today dismissed the complaint of Alto Eldorado Partners, Rancho Verano, LLC, Cimarron Village, LLC, and Dennis R. Branch against Santa Fe County concerning the County's affordable housing ordinance.  Judge Browning, in his 62-page memorandum opinion dismissing the claims, found that the claims asserted by the plaintiffs concerning the County's ordinance were premature and that the Branch plaintiffs lacked standing to sue because they had not alleged ownership of property affected by the ordinance.  Judge Browning dismissed all of the remaining constitutional claims on similar grounds.
 
The Court, on different grounds, dismissed the complaint against the City of Santa Fe and its affordable housing ordinance; the Court also denied a request by the Santa Fe Area Homebuilder's Association to intervene.
 
“This result eliminates a cloud that’s been hanging over Santa Fe County for the past year,” said County Manager Roman Abeyta.  The decision puts an end to the yearlong constitutional challenge to the County's ordinance.