High Ridge Hinkle Joint Venture v. City of Albuquerque

1998 NMSC 050, 970 P.2d 599, 126 N.M. 413
CourtNew Mexico Supreme Court
DecidedDecember 3, 1998
Docket24,297
StatusPublished
Cited by161 cases

This text of 1998 NMSC 050 (High Ridge Hinkle Joint Venture 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.

Bluebook
High Ridge Hinkle Joint Venture v. City of Albuquerque, 1998 NMSC 050, 970 P.2d 599, 126 N.M. 413 (N.M. 1998).

Opinion

OPINION

McKINNON, Justice.

{1} High Ridge Hinkle Joint Venture (Hinkle) appeals from a zoning decision of the appellee, City of Albuquerque (City) through its Council. The City’s first decision on the interpretation of the ordinance in question was remanded to it after an appeal to the Court of Appeals. High Ridge Hinkle Joint Venture v. City of Albuquerque, 119 N.M. 29, 888 P.2d 475 (Ct.App.1994) [hereinafter Hinkle I ]. The City’s second interpretation was made in February 1995, and Hinkle again appealed to the Court of Appeals, which affirmed the ruling. High Ridge Hinkle Joint Venture v. City of Albuquerque, 1997-NMCA-046, 123 N.M. 394, 940 P.2d 1189. We granted certiorari on May 29, 1997, High Ridge Hinkle Joint Venture v. City of Albuquerque, 123 N.M. 229, 938 P.2d 204 (1997), and reverse the Court of Appeals.

{2} Hinkle is the owner of a large tract of land zoned C-2 under the Albuquerque Zoning Code. See Albuquerque, N.M., Comprehensive City Zoning Code § 7-14-22 (1991) [hereinafter Zoning Code]. In 1991, he sought to improve a portion of the property by building a miniature golf course and arcade with go-carts and bumper boats. The Zoning Enforcement Officer (ZEO) ruled that the planned go-carts and bumper-boats were an appropriate conditional use of the property. The ruling was upheld by the Environmental Planning Commission, but the City reversed.

{3} The ordinance in issue is Section 7-14-22.B.13 of the Zoning Code which in relevant part allows as a conditional use in a C-2 zone “[o]utside storage or activity, except as specifically made a permissive use.” Hinkle’s argument is that the quoted words mean in his words “outside storage or other outside activity,” and therefore go-carts and bumper-boats are in fact conditional uses. The City, offering its own paraphrase, argues that the words mean “outside storage or activity related to outside storage,” so that the activities in question are not conditional uses. The Court of Appeals reasoned that the City had never issued an interpretation that was inconsistent with the interpretation it now urges, and that deference should be accorded those who are politically accountable for enacting the ordinance. We granted certiorari on the issue: Did the Court of Appeals err in deferring to the City’s interpretation of the Zoning Code? We hold that it did and therefore reverse with directions that the conditional uses sought by Hinkle be granted.

{4} “In construing municipal ordinances or county zoning ordinances ... the same rules of construction are used as when construing statutes of the legislature^]” Burroughs v. Board of County Comm’rs, 88 N.M. 303, 306, 540 P.2d 233, 236 (1975), and “[c]ertainly, where the question is simply one of construction, the courts may pass upon it as an issue ‘solely of law.’ ” Pan American Petroleum Corp. v. El Paso Natural Gas Co., 77 N.M. 481, 487, 424 P.2d 397, 401 (1966) (quoting Great N. Ry. v. Merchants’ Elevator Co., 259 U.S. 285, 291, 42 S.Ct. 477, 66 L.Ed. 943 (1922)); see also Mayberry v. Town of Old Orchard Beach, 599 A.2d 1153, 1154 (Me.1991) (interpretation of zoning ordinance a question of law for the court); Conforti v. City of Manchester, 141 N.H. 78, 677 A.2d 147, 149 (N.H.1996) (same); Kaiser v. Western R/C Flyers, Inc., 239 Neb. 624, 477 N.W.2d 557, 560 (Neb.1991) (same). Here, three rules or tools of statutory construction are relevant.

{5} The first rule is that the “plain language of a statute is the primary indicator of legislative intent.” General Motors Acceptance Corp. v. Anaya, 103 N.M. 72, 76, 703 P.2d 169, 173 (1985). Courts are to “give the words used in the statute their ordinary meaning unless the legislature indicates a different intent .” State ex rel. Klineline v. Blackhurst, 106 N.M. 732, 735, 749 P.2d 1111, 1114 (1988). The court “will not read into a statute or ordinance language which is not there, particularly if it makes sense as written.” Burroughs, 88 N.M. at 306, 540 P.2d at 236. The second rule is to “give persuasive weight to long-standing administrative constructions of statutes by the agency charged with administering them.” TBCH, Inc. v. City of Albuquerque, 117 N.M. 569, 572, 874 P.2d 30, 33 (Ct.App.1994); see Molycorp, Inc. v. State Corp. Comm’n, 95 N.M. 613, 614, 624 P.2d 1010, 1011 (1981). The third rule dictates that where several sections of a statute are involved, they must be read together so that all parts are given effect. This includes amendments. Methola v. County of Eddy, 95 N.M. 329, 333, 622 P.2d 234, 238 (1980).

{6} Employing these guides to statutory construction, we analyze the ordinance in question, and the intent of those who enacted it. The plain meaning of the words “outside storage or activity” is that “outside” modifies both “storage” and “activity.” Without a legislative indication to the contrary the word “storage” does not modify the word “activity” according to a plain reading of the phrase. In fact, use of the word “or” indicates the intent to distinguish “storage” from other subjects. “[Zjoning regulations should not be extended by construction beyond the fair import of their language and they cannot be construed to include by implication that which is not clearly within their express terms.” 8 Eugene McQuillin, The Law of Municipal Corporations, § 25.71 (3d ed.1991). Further, there is no suggestion that the words in the ordinance are ambiguous or that they should be read with some kind of reasonably differing emphasis. We decline to insert words in the ordinance or depart from its common sense meaning. At this level, therefore, deference to the City’s interpretation is not in order.

{7} The second rule of construction mentioned above relates specifically to what deference should be accorded to the City’s interpretation of its own ordinance. As noted above, persuasive weight is to be given the long-standing construction of ordinances by the agency. However, it appears that the City was not aware of the construction being given the ordinance by the ZEO over a period of about sixteen years. The City never construed this ordinance until this case was filed. In its findings, the City relies mostly on textual comparisons to support its interpretation as to what the drafters of the Code intended.

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Bluebook (online)
1998 NMSC 050, 970 P.2d 599, 126 N.M. 413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/high-ridge-hinkle-joint-venture-v-city-of-albuquerque-nm-1998.