Clayton v. Farmington City Council

902 P.2d 1051, 120 N.M. 448
CourtNew Mexico Court of Appeals
DecidedJune 26, 1995
Docket15651
StatusPublished
Cited by11 cases

This text of 902 P.2d 1051 (Clayton v. Farmington City Council) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clayton v. Farmington City Council, 902 P.2d 1051, 120 N.M. 448 (N.M. Ct. App. 1995).

Opinion

OPINION

BUSTAMANTE, Judge.

Jerry D. Clayton (Clayton) and Thriftway Marketing Corporation (Thriftway) requested direct curb access to Piñón Hills Boulevard in the City of Farmington (the City) to aid in the development of a convenience store and gasoline outlet. The Farmington City Council (the Council) denied the requested access. Clayton and Thriftway appealed the Council’s action to the district court pursuant to NMSA 1978, Section 3-19-8(A) (Repl. 1985). The district court affirmed the Council’s decision and Clayton and Thriftway appeal. We address three issues: (1) Did the district court apply the proper standard of review under Section 3-19-8(0? In connection with this issue, we also examine the standard of review to be applied on appeal. (2) Is the district court’s decision supported by substantial evidence? (3) Are the district court's findings of fact and conclusions of law sufficient as a matter of law? We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The City initially adopted a major thoroughfare plan in 1977, and has amended it a number of times since then. As part of the plan, the City identified an easVwest street designed to ease traffic flow between East Main Street (U.S. Highway 550) and La Plata Highway. Since 1981, the street has been designated a limited access major arterial with curb access limited to 600 foot intervals and median crossings limited to 1,320 foot intervals. The street was eventually named Piñón Hills Boulevard.

In August 1981, the City approved the Foothills Estates Subdivision (the subdivision). The subdivision abuts Piñón Hills Boulevard on the north but was approved with a restriction of no direct access to Piñón Hills Boulevard. The subdivision included only one lot zoned for commercial use (the property). The primary street serving the subdivision, Foothills Drive, was originally proposed to intersect directly with East Main Street. The Piñón Hills Boulevard — East Main Street intersection is approximately 600 feet away from the property, just in compliance with the limited access standards of the City’s major thoroughfare plan.

Clayton is the president of Thriftway, which owns and operates numerous convenience stores throughout New Mexico. Clayton acquired the property in October of 1981, intending to use it for a convenience store. At the time of the acquisition, Clayton knew the property was not approved for direct access to Piñón Hills Boulevard. However, he was also aware that it was 600 feet from East Main Street and, therefore, believed it was eligible for direct access under the City’s major thoroughfare guidelines. In late 1991, Clayton and Thriftway filed a request with the City’s Community Services Division for: (1) access to the property from Piñón Hills Boulevard; (2) a median crossing on Piñón Hills Boulevard for the property; and (3) access to the property from Foothills Drive. The request was denominated Petition No. 1144.

At the time of Clayton and Thriftway’s access request, no construction activities had started on Piñón Hills Boulevard adjacent to the property. In addition, no construction work had started on the realignment of Foothills Drive. The City started construction of Piñón Hills Boulevard in 1992, and those portions affecting the property are now complete. The construction resulted in a realignment of Foothills Drive. Rather than intersecting it with East Main Street, the City intersected Foothills Drive directly with Piñón Hills Boulevard adjacent to the property. The final alignment of Foothills Drive had two effects. The intersection of Foothills Drive and Piñón Hills Boulevard is less’ than 600 feet from the Piñón Hills Boulevard — East Main Street intersection. Additionally, the property is now a roughly triangular peninsula with Foothills Drive on one side and Piñón Hills Boulevard on the other. Below is a diagram depicting the relative location of the property and the streets it abuts.

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Petition 1144 was the subject of three public hearings; two before the Planning and Zoning Commission of the City and one before the Council. The Planning and Zoning Commission voted 5 to 1 to deny Clayton and Thriftway’s petition for access. Pursuant to Section 2-49 of the Farmington City Code, the Planning and Zoning Commission is an advisory body to the Council. Final decisions concerning planning, platting and zoning are made by the Council. Clayton and Thriftway presented Petition 1144 to the Council on April 28, 1992. Clayton appeared at the Council meeting personally and was also represented by an attorney. Prior to the meeting, Council members received an agenda packet which included correspondence from Clayton and Thriftway’s agents and attorneys, a diagram showing the access requested, a diagram showing the property in relation to the City, and draft minutes from the Planning and Zoning Commission meetings. The Council denied Clayton and Thriftway’s request for access to Piñón Hills Boulevard and for the median crossing, but granted access as requested to Foothills Drive.

Clayton and Thriftway filed a petition for writ of certiorari and petition for review with the district court on May 22, 1992. The parties stipulated in a pre-trial order that Section 3-19-8 provided the basis for the district court’s jurisdiction and that the court would conduct a de novo review of the Council’s action pursuant to Section 3-19-8(C). The district court held a two and one-half day evidentiary hearing commencing June 2, 1993. Clayton and Thriftway called as witnesses certain employees of the City, all the members of the Council who voted on the proposal, the chair of the Planning and Zoning Commission, certain employees of Thrift-way, and a traffic engineering and planning expert. The City employees generally testified concerning the history of the City’s comprehensive plan and the major thoroughfare plan, the planning process for Piñón Hills Boulevard and Foothills Drive, current and planned access points to Piñón Hills, and the rationale behind the City’s opposition to Clayton and Thriftway’s request for access. The City opposed access on traffic flow and safety grounds.

The members of the Council testified concerning their background and experience with the City and city government. They explained their respective reasons for voting to deny Clayton and Thriftway’s request for access. Each of them was primarily concerned with the safety implications of allowing direct access from a parking lot to a high-volume thoroughfare. The Council members testified they received a prepared agenda package a few days prior to the actual meeting and that they reviewed the package prior to the meeting. A majority of the Council members stated they visited the property prior to the meeting. All of the Council members acknowledged they had available to them copies of the minutes from the Planning and Zoning Commission meeting and the various City department recommendations prior to the Council meeting.

Nancy Eaves, the Planning and Zoning Commission chair, testified she voted against the requested access primarily because of the safety concerns raised by allowing direct access to a high volume arterial street. Mrs. Eaves was questioned concerning a potential conflict of interest she had, in that she and her husband worked for a realty company which had a real estate listing located across the street from the property. Mrs.

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Bluebook (online)
902 P.2d 1051, 120 N.M. 448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clayton-v-farmington-city-council-nmctapp-1995.