Eddie's Inferno, Inc. v. City of Albuquerque

New Mexico Supreme Court

Eddie's Inferno, Inc. v. City of Albuquerque

445 P.2d 389, 79 N.M. 512

CourtNew Mexico Supreme Court

DecidedSeptember 23, 1968

DocketNo. 8624,

StatusPublished

This text of 445 P.2d 389 (Eddie's Inferno, Inc. v. City of Albuquerque) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Eddie's Inferno, Inc. v. City of Albuquerque, 445 P.2d 389, 79 N.M. 512 (N.M. 1968).

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Opinion

OPINION

CARMODY, Justice.

The issue in this case is identical with that decided in Sunset Package Store, Inc. v. City of Carlsbad, 79 N.M. 260, 442 P.2d 572 (1968). To lay at rest appellees’ paralogistic argument, we reaffirm what is implicit in Sunset Package Store, Inc. v. City of Carlsbad, supra, that § 46-4 — 2, N.M.S.A.1953, does not require the adoption of a new ordinance each year in order to impose a valid license tax.

The judgment is reversed and the cause remanded with instruction to the trial court to dissolve its injunction and to dismiss the complaint with prejudice.

The cross-appeal, being dependent upon the affirmance of the trial court’s judgment, fails.

It is so ordered.

NOBLE and MOISE, JJ., concur.

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