Pinnell v. Board of County Commissioners

1999 NMCA 074, 982 P.2d 503, 127 N.M. 452
CourtNew Mexico Court of Appeals
DecidedMay 5, 1999
Docket18,831
StatusPublished
Cited by26 cases

This text of 1999 NMCA 074 (Pinnell v. Board of County Commissioners) 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
Pinnell v. Board of County Commissioners, 1999 NMCA 074, 982 P.2d 503, 127 N.M. 452 (N.M. Ct. App. 1999).

Opinion

OPINION

ARMIJO, Judge.

{1} This appeal presents a novel issue of federal constitutional law. Three Plaintiffs, each of whom resides in District Four of Santa Fe County, sought declaratory and permanent injunctive relief claiming a violation of their rights to equal protection as guaranteed by the Fourteenth Amendment of the United States Constitution. For its part, the Board, appellee in this action, claims that Plaintiffs’ action was dismissed below for failure to join an indispensable party and is further barred as moot.

{2} For the reasons stated below, we conclude that Plaintiffs’ claim was not dismissed on joinder grounds and is not moot. Applying a rational-basis review of the constitutional question presented, we affirm the decision of district court, dismissing Plaintiffs’ complaint on its merits.

I. FACTUAL AND PROCEDURAL BACKGROUND

{3} The facts are not in dispute. The Board of County Commissioners of Santa Fe County (the Board) consists of five commissioners, each elected by and representing a single district. The Board elects a chairperson from one of the five commissioners. This position rotates each year.

{4} On July 9, 1997, the Board considered a proposal to grant four variances from the County’s terrain management ordinance for the purposes of constructing a new 9.3-acre parking lot at the Santa Fe Ski Area. The new parking lot would serve customers at the ski basin, which is located in County Commission District Four. Before the question came to a vote, however, Commissioner Gonzales left the meeting. When the remaining commissioners did formally address the issue, they voted two-to-one to grant the variances to the Santa Fe Ski Company.

{5} Per the Resolution here at issue, Chairperson Anaya, in whose district Plaintiffs live, did not vote. As chair, he is only entitled to vote to break a tie east by a quorum. After the other commissioners voted, however, Chairman Anaya “made it clear for the record” that he would have voted against granting the variances. Accordingly, had the chairperson been permitted to vote on this matter, the vote would have been two-to-two and the variances would not have been approved.

A. THE PROCEEDINGS BELOW

{6} Plaintiffs filed their complaint on August 12, 1997, alleging, inter alia, a cause of action against the Board under 42 U.S.C. § 1983 (1994) for deprivation of their rights to equal protection. Their complaint sought to move the district court to declare unconstitutional both the Resolution and the Board’s decision. It further sought to have the court “[rjemand the decision” for a new vote.

{7} Plaintiffs also filed a Motion for Temporary Restraining Order, asking the district court therein to enjoin implementation of the Board’s July decision. The trial court heard the motion on August 13, 1997. After oral argument, the trial court denied the motion for Plaintiffs’ failure to state a claim under 42 U.S.C. § 1983, namely, a violation of their equal protection rights. In so ruling, the trial court took judicial notice of the “rules of procedure of the Board ... grant[ ] to the Chairman certain authority that is not available to the other Commissioners.”

B. RESOLUTION No. 1996-17

{8} On February 13, 1996, the Board approved the Resolution here challenged. Among other provisions, the Resolution requires that the Board elect one of its five members as chairperson. Section III of the Resolution further provides, in pertinent part:

C. Vote. The chairperson may only vote on any item in order to break a tie vote. In those meetings and only in those meetings in which the number of members that constitute a quorum equals three members, the chairperson has all rights as any other member for purposes of voting and making and seconding motions.
E. Duties. The chairperson’s duties include:
1. Opening meetings;
2. Announcing the business before the board and consideration of the agenda items;
3. Recognizing board members and speakers from the audience entitled to speak;
4. Allowing legitimate motions to proceed to a vote;
5. Allowing members of the board to speak on matters for consideration by the board;
6. Stating and putting to a (calling for the) vote all questions and motions properly made;
7. Announcing the results of all votes;
8. Preventing motions and testimony from becoming unduly delayed, disrespectful, frivolous, and unduly cumulative; and
9. Enforcing order and decorum at all times, and ensuring that members of the board and the public conduct themselves in a respectful and appropriate manner.
F. Discussion. The chairperson may take part in any discussion of any matter before the board.
G. Motions. The chairperson may not make motions or second any motions except as otherwise provided in Section III.C. of these Rules.
H. Decorum. The chairperson will assure that these rules are fully complied with at all board meetings.

{9} The Resolution further permits the chairperson to participate in the questioning of staff members on matters concerning recommended action and to cross-examine applicants who may be allowed to testify concerning a staff report or recommended action. This right to cross-examine also extends to those other witnesses who may be allowed to testify before the Board on matters of County business. In addition, the Resolution requires that the chairperson direct the manner in which testimony is received from members of the public in favor of or in opposition to an agenda item.

II. DISCUSSION

A. Failure to Join Indispensable Parties

{10} In its answer brief, the Board contends that the district court dismissed Plaintiffs’ complaint below for failure to join an indispensable party, that is, the Santa Fe Ski Company. It therefore argues, in effect, that this Court should not reach the constitutional claim presented, but should affirm the dismissal on joinder grounds. See In re Mary L., 108 N.M. 702, 705, 778 P.2d 449, 452 (Ct.App.1989) (observing that appellate courts will not reach constitutional questions unnecessarily). For several reasons, we reject the Board’s argument.

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Bluebook (online)
1999 NMCA 074, 982 P.2d 503, 127 N.M. 452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pinnell-v-board-of-county-commissioners-nmctapp-1999.