Santa Fe County Board of County Commissioners v. Town of Edgewood

2004 NMCA 111, 97 P.3d 633, 136 N.M. 301
CourtNew Mexico Court of Appeals
DecidedJuly 19, 2004
Docket23,540
StatusPublished
Cited by17 cases

This text of 2004 NMCA 111 (Santa Fe County Board of County Commissioners v. Town of Edgewood) 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
Santa Fe County Board of County Commissioners v. Town of Edgewood, 2004 NMCA 111, 97 P.3d 633, 136 N.M. 301 (N.M. Ct. App. 2004).

Opinion

OPINION

WECHSLER, Chief Judge.

{1} The Santa Fe Board of County Commissioners (the County) appeals from a district court order dismissing its appeal from a Town of Edgewood (the Town) municipal ordinance expressing the Town’s consent to the annexation of property within the county. Dismissal was based on the ground that the County lacked standing because it did not own land within the annexed territory, as required by the applicable annexation statute, NMSA 1978, § 3-7-17(C) (1998). On appeal, the County argues that it satisfies the statutory requirement of “owning land” in the annexed territory because its maintenance of public roads in the annexed area has created title by prescription or common law implied dedication. The County claims that this conclusion is supported by our recent ease law interpreting this standing requirement and by the legislative purpose behind the statute. Because Section 3-7-17(C) requires equitable or legal fee title to real property in the area annexed, the County’s use interest is insufficient to give it standing to appeal. Accordingly, we affirm the district court.

Background

{2} The Town adopted a number of ordinances in the fall of 2001 that approved the annexation of land within Bernalillo, Sandoval, and Santa Fe counties pursuant to the petition method of annexation, as set forth in Section 3-7-17. The County filed an appeal in district court on January 2, 2002, challenging the validity of all of the ordinances. The County subsequently agreed to the dismissal of its appeal except as to a single ordinance involving the consent to the annexation of 18,214 acres under Section 3-7~17(A)(4). The County took the position that there were a number of technical deficiencies with the petition method of annexation that was used.

{3} The Town moved to dismiss the County’s appeal arguing that the County lacked standing. Specifically, the Town argued that whatever interest the County had through its maintenance of various public roads, this interest did not rise to the level of “owning land” as required by Section 3-7-17(C). The County argued in response that it “owned” a number of roads within the territory annexed because the public’s use and the County’s maintenance of the roads created a public easement by prescription. Campbell Farming Corporation (Campbell), owner of fee simple title to 13,538 acres of the 18,214 acres subject to the appeal, intervened. Campbell argued that regardless of whether a prescriptive easement had been created, such a use interest was insufficient to satisfy the ownership requirement of the statute. After a hearing, the district court entered its order dismissing the appeal, essentially agreeing with the Town and Campbell that, even if it assumed that the County had a use interest in the property, the County’s interest did not amount to “owning land” as required in Section 3-7-17(C).

Standard of Review

{4} The issue of standing generally involves a question of law that is reviewed de novo on appeal. See Forest Guardians v. Powell, 2001-NMCA-028, ¶ 5, 130 N.M. 368, 24 P.3d 803. Typically, standing to contest governmental action involves a fairly broad inquiry. See De Vargas Sav. & Loan Ass’n v. Campbell, 87 N.M. 469, 473, 535 P.2d 1320, 1324 (1975). In the context of this appeal, however, the legislature has provided a specific, more restrictive test for standing in cases involving the petition method of annexation. See § 3-7-17(C) (stating requirement of “any person owning land within the territory annexed”). In construing the language of this statute, we likewise apply a de novo standard of review. See Morgan Keegan Mortgage Co. v. Candelaria, 1998-NMCA-008, ¶ 5, 124 N.M. 405, 951 P.2d 1066 (noting that interpretation of a statute is a question of law which an appellate court reviews de novo). In doing so, we must be mindful of the procedural posture of this case. See City of Sunland Park v. Santa Teresa Servs. Co., 2003-NMCA-106, ¶ 39, 134 N.M. 243, 75 P.3d 843 (stating that appropriate standard of review depends on procedural posture if additional facts are presented). Because the district court considered matters outside of the pleadings, including an affidavit, in support of the County’s claim that there are county roads in the annexed area, the procedural posture is an appeal from an order granting summary judgment. Peck v. Title USA Ins. Corp., 108 N.M. 30, 32, 766 P.2d 290, 292 (1988) (upholding treatment of motion to dismiss as motion for summary judgment after presentation of matters outside the pleadings). Therefore, in applying our de novo interpretation of Section 3-7-17(C), we consider the facts in the light most favorable to the County’s position. See Madsen v. Scott, 1999-NMSC-042, ¶ 7, 128 N.M. 255, 992 P.2d 268.

Section 3-7-17(0

{5} Under the petition method of annexation, standing to appeal is limited to “any person owning land within the territory annexed.” Section 3 — T—17(C). In construing this language, the guiding principle is to give effect to the intent of the legislature. See Roth v. Thompson, 113 N.M. 331, 332, 825 P.2d 1241, 1242 (1992). In our inquiry, we first employ the “plain meaning rule” to determine if the language unambiguously sets forth the legislative intent. See Roberts v. Southwest Cmty. Health Servs., 114 N.M. 248, 251, 837 P.2d 442, 445 (1992) (“Our interpretation of legislative intent comes primarily from the language used by the legislature, and we will consider the ordinary meaning of such language unless a different intent is clearly expressed.”). Even if the language appears to be free of ambiguity, we nevertheless consider whether the plain language leads to an absurd result, runs counter to other statutory provisions, or otherwise appears contrary to legislative intent. See State ex rel. Helman v. Gallegos, 117 N.M. 346, 352-53, 871 P.2d 1352, 1358-59 (1994). We agree with the Town and Campbell that the plain meaning of “owning land” is to have equitable or legal fee title ownership of real estate within the annexed territory. To “own” is “[t]o have or possess as property; to have legal title to.” Black’s Law Dictionary 1130 (7th ed.1999). Ownership includes the right to convey, see id. at 1131, which in this ease translates into the right to convey land that lies within the territory annexed by the Town. Ownership of land also includes the right to exclude others, “one of the most essential sticks in the bundle of rights that are commonly characterized as property.” Kaiser Aetna v. United States, 444 U.S. 164, 176, 100 S.Ct. 383, 62 L.Ed.2d 332 (1979).

{6} “Land” is most commonly understood to refer to corporeal, physical property:

“Ultimately, as a juristic concept,’land’ is simply an area of three-dimensional space, its position being identified by natural or imaginary points located by reference to the earth’s surface. ‘Land’ is not the fixed contents of that space, although, as we shall see, the owner of that space may well own those fixed contents.

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Cite This Page — Counsel Stack

Bluebook (online)
2004 NMCA 111, 97 P.3d 633, 136 N.M. 301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/santa-fe-county-board-of-county-commissioners-v-town-of-edgewood-nmctapp-2004.